Does my prior criminal history prevent me from obtaining a LTCF or owning firearms?

[username]

All a bit funny. I believe that there is a stipulation where you sign that you swear or affirm ALL information is truthful? So if it is pardoned or legally removed it did not oocur? Wacky.

There was someone who was 302'ed at 16? Yep that = evaluation NOT being institutionalized. A 302 can hold someone up to 72 hours. IF you were evaluated and released that is NOT hospitalized. I worked in this field for about 13 years and had instances where a husband or wife would file a 302 and when they got home the place was cleaned out! There is a form specifically when a 302 is filed against someone addresses the issues of their personal property.

All the twists and turns with the law which needs to be simple and clear. I guess just like the 1994 Crime Bill written by snakes and easily navigated by them too.

[Beretta Bob]

I recently helped my nephew out with the expungment process in Cumberland Co. No need for an attorney, and the petition, and order was granted.

For anyone interested in the process I have included a guideline from what I researched and used. Note: Every counties petition, and order fees are different. Cumberland Co. was very reasonable at only $20 filed with the Clerk of Courts.

First I found the only guideline for the expungment process in Pa. and it proved to be invaluable. The guideline is for Allegheny county but after review the same applies to all counties in the Commonwealth.
Expungement_Allegheny.pdf

Second is the form to obtain your criminal history from PSP. This form is needed to file with the petition and order within 60 days of receiving it.
Note: Make sure you only check the "Access and Review" box located on the form or you will not receive a full and completed criminal history. Example: if you do not check access and review you will only receive your criminal history of charges plead guilty to. In another words you will not see all the original charges filed at the time of arrest that are needed to expunge.
Also, this form can only be mailed with a $10 money order. Do not use the PATCH check on-line.

SP4-164_Request_For_Criminal_Record_Check.pdf

Third: Check your county's website out for their cost, and instructions.
I was able to obtain the proper petition and order forms from Cumberland Co. website. All county forms are the same.
Note: If petitioning for expungment of misdemeanor and or summary offenses use forms 790. If only summary offenses use form 490.

http://www.ccpa.net/index.aspx?NID=3513

I hope this helps anyone looking to possibly clearing their criminal history.
As stated, this is the general guideline we used, and it was all that was needed.

Good luck!

[ReformedCitizen]

I have a question that relates to the previous post to a certain extent, 10 years ago I was charged with an aggravated assault charge, f2 I be leave, I never been thought I would be able to hunt again. At age 19 I felt I was wronged and shouldn't have gotten into any trouble. As I grew I came to realize that if I wasn't charged the way I was I may never turned out to be the person I am today. In these ten years I have had not one run in with any police officers. I am currently employed by the department of defense and am in process of deploying to Afghanistan to support our troops. I have a 6 year old son that I fear will learn about guns from some friend later in life that doesn't possess the knowledge and safety practices to be showing some one how to shoot or even hold a gun. Basically my question is that under 18 Pa.C.S 6105 (d) exemptions. Section (3). I am wondering if I would be able to apply for something like this or if I would just be waisting my time?

[Curmudgeon]

I have a question that relates to the previous post to a certain extent, 10 years ago I was charged with an aggravated assault charge, f2 I be leave, I never been thought I would be able to hunt again. At age 19 I felt I was wronged and shouldn't have gotten into any trouble. As I grew I came to realize that if I wasn't charged the way I was I may never turned out to be the person I am today. In these ten years I have had not one run in with any police officers. I am currently employed by the department of defense and am in process of deploying to Afghanistan to support our troops. I have a 6 year old son that I fear will learn about guns from some friend later in life that doesn't possess the knowledge and safety practices to be showing some one how to shoot or even hold a gun. Basically my question is that under 18 Pa.C.S 6105 (d) exemptions. Section (3). I am wondering if I would be able to apply for something like this or if I would just be waisting my time?

I am not a lawyer.

The first step, as you might expect, is finding out what the facts are. It doesn't matter what you were charged with. What matters is your conviction. As a result of that conviction, it doesn't matter what your sentencing was. What matters is the max jail time you could have received under that conviction. These are the facts you must first find.

If you are prohibited, and enough time has lapsed since your conviction, and you have ample other factors in your favor, you can hire an experienced attorney and try to get a pardon from the governor for the state in which you have this conviction. When you get your pardon you then try to have your record expunged. If all this is successful, you will no longer be a prohibited person, and can enjoy all the 2A rights available.

[ReformedCitizen]

I understand the part of the pardon but in section 3 of the previous stated clause is states something about ten years passing and something to do with the treasury. It seems that from the exemptions I have three options ,one is the governers pardon, three seems to be something else. And if a attorney is necessary can anyone recommend one that is experience in these types of cases?

[nrodgers]

Finally got my record expunged and I did a background check sunday and its finally clear. now time to save the money to get a gun. figure it will take a couple weeks so im trying to figure out what a good first gun would be. thanks for all the info.

[shenk111]

I had an 18 2701 a back in 1999. Could I purchase a firearm and concealed to carry permit? It says exactly that when I look myself up. On application to carry 2701 isn't listed as restriction only 2702 n on. I'm new here and sure this has been asked a million times but any help with knowledge please?

[gnbrotz]

I had an 18 2701 a back in 1999. Could I purchase a firearm and concealed to carry permit? It says exactly that when I look myself up. On application to carry 2701 isn't listed as restriction only 2702 n on. I'm new here and sure this has been asked a million times but any help with knowledge please?

It likely depends on who the other parties involved in the assault were in relation to you. If the incident is somehow classified as "domestic violence", then you are likely prohibited from possessing any firearm/ammunition for life, under federal law.

If it was not classified as "domestic violence", you should be ok to purchase a firearm, but could be disqualified for a LTCF if the sheriff believes you present a danger to the public based on your history.

[shenk111]

Where would it show "domestic violence"? I don't see that word anywhere in my charge on justice portal.

[gnbrotz]

Where would it show "domestic violence"? I don't see that word anywhere in my charge on justice portal.

I don't know that there is a distinct identification in the statutes. If you commit "simple assault" against a spouse/lover/ex, etc. it's probably seen as "domestic violence". If you commit it against a stranger during a bar fight, etc., it's probably not.

You know the specifics of your own situation, so you should have a pretty good idea yourself. If you are unsure, you should consult an attorney rather than attempting to make a purchase or apply for a LTCF "just to see if it goes through".