LTCF Appeal

[PHILLY9277]

Finally the time has come that I'm able to apply again for my LTCF in Philadelphia, my old one got revoked due to being arrested. Was being charged with Simple Assault, Recklessly endangering another person, got accepted into ARD and successfully completed the process, after said events I was told my record of the arrest and anything related to those events would be expunged, after a couple of years went ran a background check and nothing came up, checked the PA docket site and nothing shows up, so I'm thinking my record did get sealed. Went in to reapply filled the forms and did the interview. During the interview the detective asked me if I ever gotten arrested, I replied yes but the record of it was expunged. He then asked what was the reason for the arrest told him Recklessly endangering another person, few days later went in to check the status of my application, got denied based on my character and reputation is dangerous to public safety. Planning on appealing this but my question is, if there is no record of my arrest besides what I stated, how can they judge my character and reputation?

[Mitch10mm]

You told them

[fuzzywuzzy]

Your arrest record will always be in the Police Department's internal records/ computer system even if you get ARD, are acquitted or die. Forever.

Good luck.

[birdwooddog]

Your arrest record will always be in the Police Department's internal records/ computer system even if you get ARD, are acquitted or die. Forever.

Good luck.

he probably knew the answer before he asked. If you said NO, he would have had ou for lying.

[fuzzywuzzy]

Yep. Good call.

[KAT-21]

Unless you filed a Petition to Expunge, the record of the arrest will still be there. Maybe you searched the wrong docket. Try this site... https://ujsportal.pacourts.us/DocketSheets/CP.aspx

[Orlov556]

Unless you filed a Petition to Expunge, the record of the arrest will still be there. Maybe you searched the wrong docket. Try this site... https://ujsportal.pacourts.us/DocketSheets/CP.aspx

Even if it was expunged, the records are still there. They dont go away. They just get a note saying they are expunged. I am not sure about the legailities of using them against you fopr LTCF purposes, but rest assured the records will remain forever.

[KAT-21]

Even if it was expunged, the records are still there. They dont go away. They just get a note saying they are expunged. I am not sure about the legailities of using them against you fopr LTCF purposes, but rest assured the records will remain forever.

I never said it would go away. The OP stated he believed his record would be expunged after completing ARD. It's a common mistake of people who go through ARD program. I simply pointed out that you have to file a Petition to Expunge to get the record expunged. What records remain after an expungement petition is granted, I don't know.

To the OP, you got nothing to loose by appealing since there's no cost. In Philly, appeals are held before an L&I Board so its somewhat informal. If you appeal, either do it in person or mail the form by certified mail, return receipt requested, so you have proof of service. You will have to wait up to nine months before your hearing date, though.

[Bang]

We all know people who should probably not be armed yet never have been arrested. I believe it is possible to establish a non-criminal record (let's say for being a hot-head) without ever having been arrested. A sheriff or person responsible for determining the applicant's mental stability may deny a license if there is indication of potential inappropriate behavior that might escalate into abuse of the license.

An interview with a police screener is not a PICS/NICS situation where lying is a federal felony. I believe you had every right to answer no and could do so with no more serious a problem than the screener recommending that you be declined. If you do not have the right to answer no, what good is an expungement?

[middlefinger]

.

i know someone that went through ARD

he now has an FFL and a gun shop