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12-07-2012, 04:46 PM
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#21
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If you want to pursue this any further, first request a copy of your FBI file to see what's on it. I bet you'll find out it contains more than you think it does, they compile EVERYTHING and delete nothing, unless its regarding a juvenile matter
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Last edited by MoreAltitude; 12-07-2012 at 04:48 PM.
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12-07-2012, 08:08 PM
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#22
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Quote:
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Originally Posted by MoreAltitude
If you want to pursue this any further, first request a copy of your FBI file to see what's on it. I bet you'll find out it contains more than you think it does, they compile EVERYTHING and delete nothing, unless its regarding a juvenile matter
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I'm just waiting to hear back, my friend knows someone that did 6 months in jail and got his
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12-07-2012, 10:46 PM
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#23
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Crazy as an outhouse Rat!
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Location: South of crazy, and North of sane! Somewhere in Texas!
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Quote:
Originally Posted by strix
Not breaking any law if I have a permit for it
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i am not for sure what permit you are refering to, but if you have a felony conviction on your record, and you have not had it expunged and gotten clearance from the BATF to legally own a firearm, getting caught with a firearm is another felony. simply put, if you were convicted of a felony, irregardless of whether you spent one day in jail or not, it's a felony conviction. until it's expunged, through a lawyer and before a judge, and he grants the expungement, you still have a felony conviction.
what permit are you refering to? who issued the permit? to the best of my knowledge, whoever issued the permit, irregardless, doesn't overrule a felony conviction. i am not a lawyer or attorney, and i would seriously suggest you get in touch with one before you end up in some deeper trouble, such as felon in possession of a firearm, which is a felony.
Last edited by axxe55; 12-07-2012 at 10:49 PM.
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12-08-2012, 01:28 PM
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#24
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A certificate of relief just looks like a permission slip to get employment. You must use an attorney to get you the expungement. That will remove all vestiges of the felony if granted. That means on the federal and state level. It will never have existed. There is a minimum period between the conviction and the attempt to expunge. Many attorneys in NJ have status with the NY bar so they can handle the case. Minimally, they should tell you if you qualify based on the info you have. The attorneys Nappen and Bach mentioned in another post are good based on what I have heard.
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12-08-2012, 02:49 PM
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#25
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Crazy as an outhouse Rat!
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Location: South of crazy, and North of sane! Somewhere in Texas!
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Quote:
Originally Posted by marksman957
Expungement is your only hope.
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Quote:
Originally Posted by strix
I live in nj now but it happen in ny and ny has no expungement they have certificate of relief and that I have
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Quote:
Originally Posted by strix
Not breaking any law if I have a permit for it
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Quote:
Originally Posted by marksman957
A certificate of relief just looks like a permission slip to get employment. You must use an attorney to get you the expungement. That will remove all vestiges of the felony if granted. That means on the federal and state level. It will never have existed. There is a minimum period between the conviction and the attempt to expunge. Many attorneys in NJ have status with the NY bar so they can handle the case. Minimally, they should tell you if you qualify based on the info you have. The attorneys Nappen and Bach mentioned in another post are good based on what I have heard.
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a certificate of release is just a document saying that you have completed the time served, either in prison or probation, and are free to continue your life without supervision.
an expungement, doesn't erase the documents, it just seals them from the state or federal level, meaning they can't be used against you. you have to get a lawyer and file a petition of expungement, in the county or state where the original case was disposed. if you live in NJ and it happened in NY, then you have to petition the case in the NY courts. a judge will hear the case and decide whether he is going to grant the expungement or not.
if you have not gone through an attorney, been granted a hearing with a judge, who ruled in your favor for granting expungement, then you still have a felony conviction, period. you really need to seek the advice of an attorney and quit listening to what happened to a friend of a friend sort of advice. this is really good way of getting yourself into some really deep trouble at the federal level.
Last edited by axxe55; 12-08-2012 at 02:52 PM.
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12-08-2012, 02:59 PM
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#26
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Supporting Member
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Quote:
Originally Posted by strix
Even if I have a permit?
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One might infer that you HAVE a FOID card already and are trying to get a permit to purchase a handgun. Is that the case?
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12-08-2012, 03:16 PM
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#27
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Of all the details or lack thereof in this situation only one matters, "OP said: I have a low level felony". Axxe55's response was spot on, he hit the factual bullseye!!! To pursue it any further would require 2 things, aspirin for the headaches and a pocket full of cash for the lawyers, choice is yours...
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The United States Constitution © 1791. All Rights Reserved
Last edited by MoreAltitude; 12-08-2012 at 03:18 PM.
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12-08-2012, 03:20 PM
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#28
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Supporting Member
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Quote:
Originally Posted by MoreAltitude
Of all the details or lack thereof in this situation only one matters, "OP said: I have a low level felony". Axxe55's response was spot on, he hit the factual bullseye!!! To pursue it any further would require 2 things, aspirin for the headaches and a pocket full of cash for the lawyers, choice is yours...
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Agreed. My question was posed because he posed his question "even if I have a permit?" It sounded like he may already have an FPID...
__________________
SIG 1911 .45 ACP
SIG P229R E2 SRT 9mm
Beretta BU9 Nano 9mm
Beretta 84FS .380 ACP
PWS (Primary Weapons Systems) MK114 5.56 NATO
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12-08-2012, 03:24 PM
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#29
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Quote:
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Originally Posted by drvsafe
Agreed. My question was posed because he posed his question "even if I have a permit?" It sounded like he may already have an FPID...
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Sorry if it seemed I was responding to your post, I wasn't, just in general to all of it.
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The United States Constitution © 1791. All Rights Reserved
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12-08-2012, 03:26 PM
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#30
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Supporting Member
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^ got it, no sweat.
__________________
SIG 1911 .45 ACP
SIG P229R E2 SRT 9mm
Beretta BU9 Nano 9mm
Beretta 84FS .380 ACP
PWS (Primary Weapons Systems) MK114 5.56 NATO
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