Uncle's LTCF not renewed

[hiflyf22]

Recently, my uncle was denied when he went to the local sheriff's office. He filed a dispute of the denial. When he filed the dispute he also requested his criminal history from the State Police.

He received correspondence in the mail today from both places. The denial said that he was convicted in 1982 of a drug possession charge. The PSP's criminal history check came back clean.

He was charged with drug possession, however, due to an illegal search, he took a disorderly conduct plea bargain.

What routes can he take to get his LTCF back?

Thanks in advance.

[IronSight]

Recently, my uncle was denied when he went to the local sheriff's office. He filed a dispute of the denial. When he filed the dispute he also requested his criminal history from the State Police.

He received correspondence in the mail today from both places. The denial said that he was convicted in 1982 of a drug possession charge. The PSP's criminal history check came back clean.

He was charged with drug possession, however, due to an illegal search, he took a disorderly conduct plea bargain.

What routes can he take to get his LTCF back?

Thanks in advance.

Appeal the denial based on the fact that the denial is factually incorrect. If it says he was convicted of a charge that he wasn't convicted of then the reason for denial is invalid and the court should overturn it.

[HiredGoon]

If this was for a renewal...wondering why didn't the drug problem appear in the past when he got his LTCF?

[18902man]

wow another thread of a person that got caught and now upset with the future outcome.
sorry to be a jerk but half the threads here are how my ltcf was denied but i was young and i plead guilty, which means your guilty.

So you uncle is upset that he actually did have drugs on him and he got caught? too bad he got off the first time because he actually did it per your post.

[God's Country]

wow another thread of a person that got caught and now upset with the future outcome.
sorry to be a jerk but half the threads here are how my ltcf was denied but i was young and i plead guilty, which means your guilty.

So you uncle is upset that he actually did have drugs on him and he got caught? too bad he got off the first time because he actually did it per your post.

According to the OP his uncle was not convicted of that charge....which is not a valid cause for denial.

[God's Country]

If this was for a renewal...wondering why didn't the drug problem appear in the past when he got his LTCF?

At this point I'm going to assume that the denial either was in error or actually for C&R since the OP claims the Pic's came back clean.

[knight0334]

wow another thread of a person that got caught and now upset with the future outcome.
sorry to be a jerk but half the threads here are how my ltcf was denied but i was young and i plead guilty, which means your guilty.

So you uncle is upset that he actually did have drugs on him and he got caught? too bad he got off the first time because he actually did it per your post.

While you do state valid fact about the theme of threads lately, this one however has merit.

The guy wasn't convicted of the prohibited offense, only charged with it and given a lessor conviction. Old arrests stay on your record just the same as a conviction, regardless if you were convicted of them or not. Which is why he is being denied, not of a conviction, but of a charge from years ago which would even be out of the statute of limitations.

[MostlyHarmless]

How can the criminal history be clean if he pled guilty to disorderly conduct? Somehow that doesn't add up.


Jan

[Swarner793]

So you uncle is upset that he actually did have drugs on him and he got caught? too bad he got off the first time because he actually did it per your post.

It is important that we keep the focus on what people are convicted of. I have seen many, many cases where the authorities "charge them all, let a Judge figure it out".

What is alleged to have occurred in 1982 really should have no bearing on today, but rather, what was he convicted of in 1982.

Your last sentence is the funniest of them all. You form an opinion of the Uncle's guilt from something his Nephew posted 28 years after the fact.

To the OP, I am fairly certain that your Uncle, if everything present is true, will prevail in his appeal. Funny thing is, Disorderly Conduct can be graded differently, not sure what the highest grade, for sentencing, it becomes.

Be safe (and prevail).

Scott

[GunLawyer001]

A couple of points:

Summary charges won't usually show up in a criminal history report, or at least not in a PICS check. Disorderly conduct can be a summary or misdemeanor charge, depending on the circumstances.

Among the other factors looked at by sheriffs, in addition to "convictions", are whether you are "(vi) An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug." If he was caught with marijuana, but the evidence was excluded from his criminal trial, there's still the fact that he was found with marijuana. The UFA doesn't require a criminal conviction for drugs (although that also works), it just requires evidence of unlawful drug use.

I'm not aware of the exclusionary rule being extended beyond criminal trials, to the point that sheriffs have to pretend that he was not found with drugs. Such evidence may well be admissible in a civil trial or hearing, such as the appeal from the LTCF denial. (I could be wrong on this, but I'd need to see the case law.)