Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: The journey started April 1, 2020

    Quote Originally Posted by jackandstacey View Post
    According to their website I don't need to do anything else. Just wondering how fast PSP updates their system.

    " 6. Will my record be cleared if I'm granted a pardon?

    When the Governor signs your pardon application, both the Pennsylvania State Police (PSP) and the Federal Bureau of Investigations (FBI) are notified that executive clemency has been extended to you. Therefore, any subsequent inquiry made to either of these agencies would not yield any criminal history record(s) that you received a pardon for.
    It is important to note that unless a pardon recipient files a petition for expungement following the issuance of a pardon, their criminal history record(s) may still appear on the Unified Judicial System of Pennsylvania's Web Portal (which is not permitted to be used for background check purposes). However, on October 29, 2020, Governor Wolf signed House Bill 440 into law as Act 83 of 2020, which automatically removes all criminal history records from the Unified Judicial System of Pennsylvania's Web Portal that were pardoned by the Governor."
    OK, there it is, I knew there was something. You need to go the courthouse where you were processed to start with and file for an expungement. They say that Wolf ordered them removed but I would make sure that they were. And I wouldn't bank on them not using that against you, our laws are for us, not them.
    Gender confusion is a mental illness

  2. #12
    Join Date
    Dec 2011
    Location
    DELCO, Pennsylvania
    (Delaware County)
    Posts
    2,253
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    21474851

    Default Re: The journey started April 1, 2020

    Quote Originally Posted by bogey1 View Post
    Character clause. If the sheriff sees you had a dui, she can use that against you.
    It's a he...Jerry Sanders, Jr., a democrat and the first black Delco sheriff. Not sure exactly where he stands on gun rights, but did I mention he's a democrat? Also, worked in law enforcement in Philly.
    "Everyone is entitled to my opinion." - Gman106
    "Everyone has a plan till they get punched in the face." - Mike Tyson
    "Get the hell out of my way." - John Galt

  3. #13
    Join Date
    Sep 2016
    Location
    York, Pennsylvania
    (York County)
    Posts
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    21474845

    Default Re: The journey started April 1, 2020

    Okay, I know it sounds pedantic... but maybe worth paying a gun attorney a few hundred bucks to sort this out for you?

    What would really suck is going in to buy, getting denied, then having how you 'lied' on the form used against you...
    DGAF

  4. #14
    Join Date
    Mar 2022
    Location
    Seven Valleys, Pennsylvania
    (York County)
    Posts
    27
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    0

    Default Re: The journey started April 1, 2020

    I also received min the 15th as well. I applied online and submitted my app online. It had a spot for images** which was ::

    Copies of Picture ID
    Copies of Incident Reports
    Copies of Court Documents
    Other Requested Documents


    So I of course attached my ID images and I also sent images of my pardon certificate from Gov Wolf and the second page that contained the Pardon Case ID.

    I figured I needed to be as transparent and open as possible. It may bite me in the butt? But idk. Since my past has been forgiven and per the ATFs requirements N/A in the application I saw it as a presentation of my rights are restored and they have no reason to deny since I haven*t had as a parking ticket in 10 years. Guess we*ll see but I saved you thread also in my phone notes so I can update you on my journey as well.

  5. #15
    Join Date
    Jul 2015
    Location
    pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
    15
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    0

    Default Re: The journey started April 1, 2020

    I'll share mine story here as I just posted a question about a pending application that relates to yours.

    I was granted a pardon last year and did petition the court for expungement around the time I received the pardon. Of course its the middle of a pandemic and they told me it could take up to a year.

    Completely forgot about it, and submitted PATCH request last month to coach my kids baseball/softball teams and my record came back no history.

    I then checked the PA docket history and my record is gone.

    So I figure it's time to apply for my LTCF permit but don't want to stare at a felony for lying on the application where it asked about prior convictions so I called PICS and spoke to a supervisor who was just great in helping me and completely understood my concern. I explained my situation, and how I never had an issue purchasing a firearm but was concerned about the LTCF application, he took the time to pull my info and confirmed he still sees the charge but it showing Pardoned. Explained they will always be able to see it.

    I did ask that I am safe to check no to all the boxes and he did confirm. He said the search would go through them anyway and they will see the same thing he sees.

    He did note that it could take some time (assuming it would likely come back with additional research needed or something).

    I proceeded, submitted application, deputy said all set smile for the camera, and said it was pending approval but the backed up the last few days and I will receive the license in the mail.

    Now I wait.

  6. #16
    Join Date
    Mar 2022
    Location
    Seven Valleys, Pennsylvania
    (York County)
    Posts
    27
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    0

    Default Re: The journey started April 1, 2020

    Quote Originally Posted by maksdaddy View Post
    I'll share mine story here as I just posted a question about a pending application that relates to yours.

    I was granted a pardon last year and did petition the court for expungement around the time I received the pardon. Of course its the middle of a pandemic and they told me it could take up to a year.

    Completely forgot about it, and submitted PATCH request last month to coach my kids baseball/softball teams and my record came back no history.

    I then checked the PA docket history and my record is gone.

    So I figure it's time to apply for my LTCF permit but don't want to stare at a felony for lying on the application where it asked about prior convictions so I called PICS and spoke to a supervisor who was just great in helping me and completely understood my concern. I explained my situation, and how I never had an issue purchasing a firearm but was concerned about the LTCF application, he took the time to pull my info and confirmed he still sees the charge but it showing Pardoned. Explained they will always be able to see it.

    I did ask that I am safe to check no to all the boxes and he did confirm. He said the search would go through them anyway and they will see the same thing he sees.

    He did note that it could take some time (assuming it would likely come back with additional research needed or something).

    I proceeded, submitted application, deputy said all set smile for the camera, and said it was pending approval but the backed up the last few days and I will receive the license in the mail.

    Now I wait.
    I*m was just pardoned Feb 15th picked up my LTCF today.

  7. #17
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
    13,618
    Rep Power
    21474867

    Default Re: The journey started April 1, 2020

    Quote Originally Posted by jackandstacey View Post
    According to their website I don't need to do anything else. Just wondering how fast PSP updates their system.

    " 6. Will my record be cleared if I'm granted a pardon?

    When the Governor signs your pardon application, both the Pennsylvania State Police (PSP) and the Federal Bureau of Investigations (FBI) are notified that executive clemency has been extended to you. Therefore, any subsequent inquiry made to either of these agencies would not yield any criminal history record(s) that you received a pardon for.
    It is important to note that unless a pardon recipient files a petition for expungement following the issuance of a pardon, their criminal history record(s) may still appear on the Unified Judicial System of Pennsylvania's Web Portal (which is not permitted to be used for background check purposes). However, on October 29, 2020, Governor Wolf signed House Bill 440 into law as Act 83 of 2020, which automatically removes all criminal history records from the Unified Judicial System of Pennsylvania's Web Portal that were pardoned by the Governor."
    Act 83 doesn't do that, it expunges acquittals in court. Not pardons. It doesn't mention pardons at all.

    Maybe they interpret a pardon as a judicial acquittal, except that a pardon is an EXECUTIVE order, not part of the judicial system.

    § 9122. Expungement.

    (a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

    (1) no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement;

    (2) a court order requires that such nonconviction data be expunged;

    (3) a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), which occurred on or after the day the person attained 18 years of age, petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction; or

    (4) a judicial determination has been made that a person is acquitted of an offense, if the person has been acquitted of all charges based on the same conduct or arising from the same criminal episode following a trial and a verdict of not guilty. This paragraph shall not apply to a partial acquittal. A judicial determination under this paragraph may only be made after the following:

    (i) The court provides notice in writing to the person and to the Commonwealth that the person's criminal history record information will be automatically expunged pursuant to this section.

    (ii) Upon receipt of the notice under subparagraph (i), the Commonwealth shall have 60 days to object to the automatic expungement on the basis that the person has not been acquitted of all charges relating to the same conduct, arising from the same criminal episode or otherwise relating to a partial acquittal.

    (iii) Upon the filing of an objection, the court shall conduct a hearing to determine whether expungement of the acquittal relates to the same conduct, arises from the same criminal episode or otherwise relates to a partial acquittal. The hearing may be waived by agreement of both parties and the court.

    (iv) Following the hearing, or if no objection has been filed or the hearing has been waived, the court shall order that the person's criminal history record information be automatically expunged unless the court determines the expungement relates to the same conduct, arises from the same criminal episode or otherwise relates to a partial acquittal. Expungement shall occur no later than 12 months from the date of acquittal.

    (b) Generally.--Criminal history record information may be expunged when:

    (1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision.

    (2) An individual who is the subject of the information has been dead for three years.

    (3) (i) An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense.

    (ii) Expungement under this paragraph shall only be permitted for a conviction of a summary offense.

    (b.1) Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

    Section 3121 (relating to rape).

    Section 3122.1 (relating to statutory sexual assault).

    Section 3123 (relating to involuntary deviate sexual intercourse).

    Section 3124.1 (relating to sexual assault).

    Section 3125 (relating to aggravated indecent assault).

    Section 3126 (relating to indecent assault).

    Section 3127 (relating to indecent exposure).

    Section 5902(b) (relating to prostitution and related offenses).

    Section 5903 (relating to obscene and other sexual materials and performances).

    (c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program or where the court has ordered expungement under this section. Such information shall be used solely for the purposes of determining subsequent eligibility for such programs, identifying persons in criminal investigations or determining the grading of subsequent offenses. Such information shall be made available to any court or law enforcement agency upon request.

    (d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

    (e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

    (f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #18
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
    Posts
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    Default Re: The journey started April 1, 2020

    I'll add that the "Clean Slate Act" talks about pardons for purposes of "sealing" from public view, but it doesn't "expunge" the records from the PA or Federal databases, which is what you need to clear PICS and NICS.

    Sealing just means that random people can't look up your record on the UJS. Expunging means cops and DA's no longer see it.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  9. #19
    Join Date
    Jul 2015
    Location
    pittsburgh, Pennsylvania
    (Allegheny County)
    Posts
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    Default Re: The journey started April 1, 2020

    Assuming your original conviction would have prohibited you from getting your LTCF, we’re you approved on the spot or did it pens for further research?

  10. #20
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
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    21474859

    Default Re: The journey started April 1, 2020

    Quote Originally Posted by GunLawyer001 View Post
    I'll add that the "Clean Slate Act" talks about pardons for purposes of "sealing" from public view, but it doesn't "expunge" the records from the PA or Federal databases, which is what you need to clear PICS and NICS.

    Sealing just means that random people can't look up your record on the UJS. Expunging means cops and DA's no longer see it.
    But are any offenses that would be cause for denial of LTCF be included in that Clean Slate Act?
    Gender confusion is a mental illness

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