FFL C&R Complication

[Fast_Lambert]

I applied for my C&R license about 5 weeks ago. Today I received a letter from the ATF regarding a DUI/Underage incident I had in 1995. Nothing on my record before that or after that. I did ARD and thought this issue had long been closed. The ATF is asking for a "Final Disposition of Charges" on court letterhead. I'm assuming this is going to be an easy thing to clear up. Call the Erie courthouse, request a copy, send it to ATF. Sounds easy enough, unfortunately, dealing with county governments is seldom this smooth. Anybody on here have any idea if I may be in for a rough ride here? Thanks for any insight you may have!

[wa3ra]

Should be as simple as that, unless the judger never signed off on the expungement, which should also be a quick fix. In theory, the expungement means it never happened, and in some cases, outside of the docket itself, there would be no record.

Rule 320. Expungment Upon Successful Completion of ARD Program.
(A) When the judge orders the dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant’s arrest record, subject to the provisions of paragraph (B).

(B) If the attorney for the Commonwealth objects to the automatic expungement, the objections shall be filed with the judge, together with the objections to dismissal, if any, within 30 days after service of a motion for dismissal under Rule 319, and copies of the objections shall be served on the defendant or the defendant’s attorney.

(C) If the objections are filed, the judge shall hold a hearing on the objections, affording all parties an opportunity to be heard.



Comment

The cases have held that a defendant’s arrest record shall be expunged upon successful completion of an ARD program, unless the Commonwealth presents compelling reasons why the arrest record should be retained. See, e.g., Commonwealth v. Armstrong, 434 A.2d 1205 (Pa. 1981). Cf., Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981). For processes and limitations with regard to expungement generally, see Section 9122 of the Criminal History Record Information Act, 18 Pa.C.S. § 9122 (1983). See also, Vehicle Code, § § 543(b) and 3731(e)(2), added by 75 Pa.C.S. § § 1534(b) and 3731(e)(2).

[KeithPA]

Is there even any record?

When that backround check / charges link was posted on here awhile ago I ran a couple names. Anyone i ran that had a DUI and did ARD didn't show anything at all. No charges let at all let alone sentences, disposition, etc.

[nfafan]

I applied for my C&R license about 5 weeks ago. Today I received a letter from the ATF regarding a DUI/Underage incident I had in 1995. Nothing on my record before that or after that. I did ARD and thought this issue had long been closed. The ATF is asking for a "Final Disposition of Charges" on court letterhead. I'm assuming this is going to be an easy thing to clear up. Call the Erie courthouse, request a copy, send it to ATF. Sounds easy enough, unfortunately, dealing with county governments is seldom this smooth. Anybody on here have any idea if I may be in for a rough ride here? Thanks for any insight you may have!

Call the DA's office and ask if you can come in and meet FTF to clear this up. 5 mins w/ an Asst DA and you'll soon have your letter.

[o1dakota440]

ok this might be a stupid question, but i just sent my paper work in to get my 01 ffl. and i have a dui no i did not get ard. will this hurt my chances of getting the ffl?

[Fast_Lambert]

wa3ra - Thanks for the info. Makes me feel a little more confident that this will go smooth.

KeithPA - We must have seen the same link on here. I checked out that sight too. Mine is still out there though. The status is "Closed", but it is still there.

[Fast_Lambert]

ok this might be a stupid question, but i just sent my paper work in to get my 01 ffl. and i have a dui no i did not get ard. will this hurt my chances of getting the ffl?

I'm not sure if the laws are the same for the 01, but if they're the same as the 03 I don't think it will. How I read the letter I received from the ATF is that the charge showed up on my criminal check from the FBI/NCIC, but it did not include the "Final Disposition of Charges". Sounds like if I can get it to them, it'll be fine.