I'd have never known ...

last week when I went to buy a new elk rifle, I filled in the forms and the clerk at Doc's in Pocatello dialed up the number. He came back and said there was a "hold" on my paperwork. That's cool, I had plenty of other things to do over the 4th besides sort out a new rifle. Then I thought about it ... the same thing happened 2 years ago when I bought that Krag from Ron Peterson in Albuquerque.

Today I called the state police to find out what the deal was. The lady who answered said there wasn't anything in Idaho, maybe it was federal. She asked what else there could be ... I mentioned that misdemeanor property damage I pled to 22 years ago in AZ, I beat up a balky ATM on a cold winter night, another story.

As it turns out, the original arrest had been for felony property damage. I got an attorney and he pled it down to a misdemeanor, I paid for the damage and that was that. I thought. There it still is, a felony bust, on my record. I called Coconino County and they said I could get it expunged by petitioning the court of record.

I always wondered why things would be moving along on a job application, a loan, etc, and then all of a sudden no one would answer my calls.

I guess I owe ATF for uncovering this for me. I'd have never known otherwise.

jn

It has been my experience, in Iowa, that the original police charge against a person is used . Doesn't matter if charges were dropped or pled down. If a felony charge is reported by police, that seems to be what shows up later. Notice that on most, if not all, forms ask if you have ever been CHARGED with a felony. Not if you have been convicted, aquitted or charges dismissed.

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Originally Posted by Major Tom

It has been my experience, in Iowa, that the original police charge against a person is used . Doesn't matter if charges were dropped or pled down. If a felony charge is reported by police, that seems to be what shows up later. Notice that on most, if not all, forms ask if you have ever been CHARGED with a felony. Not if you have been convicted, aquitted or charges dismissed.

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That has happened to a guy I work with. He drove a cab years ago and got arrested because they found drugs in the car when he was pulled over for running a red light. The stuff was in the back seat(so he says)and was obviously dropped by his last fare which he says was a couple of hookers. Cop did'nt care as he was the only one in the car so he got arrested for possesion and also lost his job. When it went to court he was found innocent but it still shows up on his record as a felony arrest. He found that out when he was denied on a 4473. That same week he got the knock on the door,local police with a search warrant looking for guns in the house. They did'nt find anything and the only thing he currently owns is a muzzle loader. They never said anything about him trying to buy a gun and he never bothered to try and get things fixed.

The law is pretty specific and the key word is "conviction." So a person found innocent should not have a record, same if the charges were dropped. But "pleading guilty" is the same as a conviction, which is why prosecutors love to get innocents to "make things easy" and "get it over with." (Remember "Senator Wide Stance" pleaded guilty to "keep it quiet"? Didn't work.)

If a conviction in the first case was actually for a misdemeanor, not a felony, I strongly recommend hiring an attorney to stratighten things out and make sure all the i's are dotted and all the records changed accordingly.

Jim

hey guys,

This has been a bureaucratic eye opener for me. It took four days for Idaho to "release" the hold. I gues it took that long for themto figure out what the AZ paperwork actually was saying.

Anyway I got the gun today. It's a custom K98, really worked over. I could still make out the Nazi eagle on the receiver. Clean barrel, nice balance, ugly plastic stock. The 'smith forgot to open up the action and it wouldn't feed those fat 7-mag shells. At all. I took it back to Doc's, shudder to think what his shop rats are gonna do to it.

As for AZ, it doesn't look like they will do anything about the record. I had an attorney at the time who told me the felony arrest would be expunged, but apparently not. I may try to get my records and see what can be done.

As far as my life goes, the damage is already done, but I'm OK. I'm retirement age so what does a background check mean to me now?

jn

Good attitude, jn.

In '75 I was in the wrong place at the wrong time and was arrested. The charges were dropped. It hasn't slowed anything down here. Not even for my CHL (conceled handgun licence)

TDH,
It depends on the state. AZ doesn't correct the record, or so the Clerk of the Courth of Record told me. I think their reasoning is "if you got arrested, you gotta be guilty of **something**"

That sounds like my experience in AZ. I got pulled over coming into Gila Bend at dusk for a headlight. Cop says he can't let me drive it that way I have to get it fixed. So I ask if there is a Kmart or such around and I'll get one. He says no but there is a gas station just up the road where I can get one. So they charge me $24 for a headlight and wanted $50 to change it. I changed it myself and as I was finishing I hear the station guy tell the cop that MOM wanted him home for dinner Sunday. Two miles up the road is a K-mart. This was in '75.

Howdy, stranger! Welcome to Arizona! Must have made you real eager to come back, right?


jn