LTCH application denied - question ???

[dfranks]

I applied for a lifetime LTCH on January 29th, 2013. Long story but I'll abbreviate. After waiting 18 weeks I called to check on the status. The Lt. said that they found an old arrest record from 38 years ago that I had not included on the application. (Embarrassed to say) I had a misdemeanor theft that I was arrested for. I went to court and was fined $5.00, not a typo it was 5 bucks. I paid it and court costs of $29 and life went on. The Lt. said they could not find a dissertation and I needed to try and locate it as well. I contacted the city police department where I was born and raised and where it occurred. They said I would have to contact the Prosecutor's office for it but they had a record of their own on this. I called the Prosecutor's office and they said they did not have records going back that far. So I called the police department back and they emailed me a copy of the report. I called the Lt. back and he said that was fine to email it to him and it should go forward. After another 10 weeks I called and he checked into it, called me back and said that because I had falsified the application that I was going to be denied. They would send me a letter in a few days and I would have to appear before 'them' and explain why I had not included this on the application.
So I am waiting for the letter to arrive. So here is the question. Do I need to have an attorney present for this?? I would think I could tell them it was an honest mistake, that I had completely forgotten about this arrest 38 years ago, I was an 18 year old kid then. As I understand it, if I don't appear to contest this I am forfeiting my LTCH forever forward.
Any feedback is appreciated.

 

[dfranks]

Oh, I forgot to mention. The Lt. said that all thefts were considered a felony. Really?? Unless I can provide documentation stating that it was misdemeanor they have to consider it a felony arrest. Wouldn't the $5 fine indicate that is wasn't a felony arrest??

 

[chezuki]

I believe "theft" is a D felony, though its often plead down to a lesser misdemeanor charge such as "criminal conversion".

Call this Guy:

The Law Offices of Guy A. Relford

 

[Kirk Freeman]

Theft is a Class D felony in Indiana, regardless of the amount (this will likely change in 2014 with the new $750 floor). (Note: IME juries will NOT convict on felony Theft for low amounts but will give the state misdemeanors).

Lots of things can happen to a Theft arrest: no filed, filed as Criminal Conversion (Class A misdemeanor), filed then dismissed, filed as Theft then plead to CC, inter alia.

The police and Prosecuting Attorney would unlikely have records as archiving records is not their yobs. You need to contact the county's Clerk who is responsible for this duty.

 

[TheSpark]

How do you forget being arrested?

 

[dfranks]

Thanks guys, you've been very helpful ....

 

[jontheturboguy]

How do you forget being arrested?

Quite possibly 40 years ago the OP rode in the front seat, with no cuffs on.

That many years ago things were different. Some small town police agencies didn't even have radios.

So yeah, in 40 years time one forgets stuff that is insignificant to them.

Life, things and people change.

I see this as an honest mistake.

 

[92ThoStro]

Have you ever bought a gun from a gun shop?

 

[MillersTime]

I also was denied my LTCH for not listing a misdemeanor...I recieved my letter, filed for an appeal and went to my hearing. I simply had to initial my updated application stating the arrest and my LTCH was issued 3 days later...no attorney. Hope this helps

 

[Beorn]

What should someone do if they haven't received their ltch, and they think that they might of forgotten to list a misdemeanor on their application?

 

[onetwoonetwo]

what do you do if you were arrested and went to court and the case was dismissed?

 

[rsklar]

I would got to the hearing and admit your mistake. Since this was of such a minor issue so long ago, they will probably allow you to proceed. They are more concerned about honesty on the applications than if you have a criminal record. You probably do not need the added expense of an attorney as you are not disputing the accuracy of the information, just that you forgot it.

As for a dismissal, you should seek an expungement.

 

[dfranks]

Yes, I have bought many handguns, a rifle and couple of shotguns all from gun stores. In fact I just bought an XDs .45 just before I submitted the application back in January. I was even issued a carry permit about 12 years ago or so. Unfortunately I didn't renew the carry permit at the time and ... well here I am

 

[dfranks]

Quite possibly 40 years ago the OP rode in the front seat, with no cuffs on.

That many years ago things were different. Some small town police agencies didn't even have radios.

So yeah, in 40 years time one forgets stuff that is insignificant to them.

Life, things and people change.

I see this as an honest mistake.

Actually that's exactly as you described it. It was in a small town and I did sit in the front seat with the officer and no cuffs. It is a little embarrassing that I had forgotten about it but it definitely was not on purpose.

 

[dfranks]

Have you ever bought a gun from a gun shop?

Yes, I have bought many handguns, a rifle and couple of shotguns all from gun stores. In fact I just bought an XDs .45 just before I submitted the application back in January. I was even issued a carry permit about 12 years ago or so. Unfortunately I didn't renew the carry permit at the time and ... well here I am

 

[Tactical Dave]

I know a guy that got denied for a uhhh traffic infraction and resisting (not me and he got he faced roughed up a bit for his trouble). No issues before or since. He went before a board (state police I believe) and they approved him.

 

[EXLINE]

Obviously it wasn't a felony then. Plus anyone that gets a D felony is always eligible for a AMS alternate misdemeanor sentencing which knocks it to a A misd. Go to the in.gov/isp website and look at your criminal history, it will tell you what is on there and then you will know what to say if you forgot.

 

[Dosproduction]

So on the application it wants you to list all of your arrest. Does any one know if that pertains to only IN arrest. I was arrested about 10 years ago for stealing a costume from Krazy caplins in dyer. But i have been arrested a ton of times in IL growing up. I could not even start to try and remember all of the arrest and what they where all for. None of them where a felony i know that.

 

[Dosproduction]

The costume thing was stupid the day before halloween and i was dared while drunk. Lets just say i was not very smart LOL.

 

[Dosproduction]

But man growing up in Chicago Heights i used to get arrested at least every 2 months. All it took was a officer to see me walking and they assumed i was in the neighborhood buying drugs since i was white. I once got arrested for ressisting arrest LOL. They literally arrested me fro resisiting arrest while i was asking them what they where arresting me for. One time i got arrested for jay walking. I was in the middle of a field and never touched a curb till they put me in the cop car. ****ty town that i am proud to be out of.