Calling for some help with PICS Challenge denial

**wa3ra** · September 18th, 2009, 09:47 PM

Send them a copy of the expungement order; if the crime/record have been expunged, they no longer legally exist, and there is no reason for denial...except that you may have answered your own question: (although that expungement is stuck in the backlogged process line)

**psyche** · September 19th, 2009, 12:14 AM

Originally Posted by wa3ra

Send them a copy of the expungement order; if the crime/record have been expunged, they no longer legally exist, and there is no reason for denial...except that you may have answered your own question: (although that expungement is stuck in the backlogged process line)

Did that already -- that's what lead to the phone call from this nice lady (I really should have asked her name!). She called me about a day or two after I put it in the mail...

This is bothering me the most because, of all the knowledge I've sifted through here, there was and is no answer as to WTF this lady is talking about. Hopefully Monday I'll have further clarification from that office!

**psyche** · October 5th, 2009, 07:31 AM

I just wanted to update everyone in case anyone was interested. The PSP is really tugging my chain here trying to find a reason to prohibit me. The law they cited in the reply I got last week was 18 USC 922 (g) (3) which is a general prohibition on narcotic addicts possessing firearms. Nothing to do with the initial reason cited in the telephone call. Not to mention my offense didn't involved narcotics, nor was I convicted.

Anyway, I'm fighting it and people can see my reply if there is a bit of interest. I need to get to class so I don't have to put it on here now anyway. Thanks for all your input before!

**Triegle** · October 5th, 2009, 08:58 AM

[QUOTE=psyche;924724]Not to mention my offense didn't involved narcotics, nor was I convicted.
[QUOTE]

isnt merijuana a NARCOTIC?

**psyche** · October 5th, 2009, 10:33 AM

Originally Posted by Triegle

isnt merijuana a NARCOTIC?

Actually, it isn't according to the federal definition that is referenced in the actual law. Either way, my offenses were 30 days and one year maximum, respectively. A conviction on both would not have prohibited me (the two-year clause, although it would have affected LTCF eligibility).

The issue at hand is whether or not my ARD (post-completion/expungement) relates to the Federal law cited. The fact is it doesn't. With an expungement, 99.9% of records are destroyed -- I can't even get my file anymore from the probation office! The PSP seems to be of the opinion that my prohibited status gets to continue past the lawful/successful completion of ARD, even though there is no longer any proof of unlawful behavior. Nor can they properly cite the regulation, precedent or statute that directs the PSP to further prohibit former ARD participants.