LTCF background check requirements

[1quikmf]

Quick question - I have a friend who who like to apply for his LTCF but isnt sure if he'll pass the background check. He had a DUI in 2006 and more recently had a conviction for criminal mischief and public drunkenness (2008). My gut says its he could get denied, but Im not really sure. Any opinions are welcome.

[HiredGoon]

He can check out both pages of the LTCF application and see how his answers come out.

[anonymouse]

Quick question - I have a friend who who like to apply for his LTCF but isnt sure if he'll pass the background check. He had a DUI in 2006 and more recently had a conviction for criminal mischief and public drunkenness (2008). My gut says its he could get denied, but Im not really sure. Any opinions are welcome.

I am not a lawyer.

§ 3304. Criminal mischief.
(a) Offense defined.--A person is guilty of criminal mischief if he:

(1) damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe);
(2) intentionally or recklessly tampers with tangible property of another so as to endanger person or property;
(3) intentionally or recklessly causes another to suffer pecuniary loss by deception or threat;
(4) intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device;
(5) intentionally damages real or personal property of another; or
(6) intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.

(b) Grading.--Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense.
(c) Definition.--As used in this section, the term "graffiti" means an unauthorized inscription, word, figure, mark or design which is written, marked, etched, scratched, drawn or painted.
(Apr. 21, 1994, P.L.131, No.17, eff. 60 days; Dec. 20, 1996,
P.L.1522, No.198, eff. 60 days; Oct. 2, 2002, P.L.806, No.116,
eff. imd.; Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

Criminal mischief can range from an F3 down to a summary offense, so it would depend on what he was convicted of exactly. And even if he hasn't been convicted of a prohibiting offense, the sheriff can still use the "character and reputation" clause to deny the license.

§ 6109 (e) (1) (i)

<snip>
....... A license shall not be issued to any of the following:
(i) An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
<snip>

Edit: HiredGoon, your link points to the .gif that says "", not the actual application

[HiredGoon]

Edit: HiredGoon, your link points to the .gif that says "", not the actual application

LOL! That's too funny...OOOOPS!

Fixed.

Thanks! Rep incoming