Expungement help

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  • Bigtanker

    Cuddles
    Emeritus
    Rating - 100%
    24   0   0
    Aug 21, 2012
    21,688
    151
    Osceola
    I have an acquaintance that had a 40+ year old felony expunged a few years ago. He was able to get his IN LTCH. He has a letter from the FBI stating that he's ok to buy a firearm. (What exactly this letter says I'm not sure).

    Problem is he keeps getting denied from the NICS check. He goes back to his lawyer that did the expungement and the lawyer says everything should checkout.

    What can he do to get approved for the NICS?
     

    Clay Pigeon

    Shooter
    Rating - 100%
    6   0   0
    Aug 3, 2016
    2,740
    12
    Summitville
    The FFL where he is being denied should have given him a pamphlet from nics on how to find out why he failed and how to start the appeal process.

    I would bet that something was not purged/expunged in his federal jacket.
     

    Trapper Jim

    Master
    Site Supporter
    Rating - 100%
    22   0   0
    Dec 18, 2012
    2,676
    77
    Arcadia
    No matter what he does, social, upin or not, it will never be clear sailing for him. Attorney or not. He will have to handle each transaction as it is. Until the NICS program gets the much needed funds and jurisdiction, it will be just another broken branch of your government.
     

    cedartop

    Grandmaster
    Rating - 100%
    1   0   0
    Apr 25, 2010
    6,687
    113
    North of Notre Dame.
    I have an acquaintance that had a 40+ year old felony expunged a few years ago. He was able to get his IN LTCH. He has a letter from the FBI stating that he's ok to buy a firearm. (What exactly this letter says I'm not sure).

    Problem is he keeps getting denied from the NICS check. He goes back to his lawyer that did the expungement and the lawyer says everything should checkout.

    What can he do to get approved for the NICS?

    I do not have an answer for you, but I do know someone who had a felony expunged and has purchased many firearms since with nary a hicup.
     

    MrSmitty

    Master of useless information
    Rating - 100%
    13   0   0
    Jan 4, 2010
    4,488
    113
    New Albany
    I have a UPIN, not my fault, mY ID was stolen, but as long as I use it at an FFL I get approved. I have been delayed a few times, but most times went through fine. Apply for a UPIN
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    8   0   0
    Mar 9, 2008
    47,968
    113
    Lafayette, Indiana
    "I get delayed because . . ."

    Get a UPIN

    "My name is John Dillinger and I get delayed and I don't know why . . ."

    Get a UPIN

    "I had 14 felonies expunged and then Gov. Holcomb pardoned me thrice and then The Hague made a finding that I was Actually Innocent and I get delayed and . . ."

    Get a UPIN

    "My third cousin's dog has the same name as me and is wanted in five different states and I get delayed and I don't know why . . ."

    Get a UPIN
     

    actaeon277

    Grandmaster
    Site Supporter
    Rating - 100%
    4   0   0
    Nov 20, 2011
    92,858
    113
    Merrillville
    "I get delayed because . . ."

    Get a UPIN

    "My name is John Dillinger and I get delayed and I don't know why . . ."

    Get a UPIN

    "I had 14 felonies expunged and then Gov. Holcomb pardoned me thrice and then The Hague made a finding that I was Actually Innocent and I get delayed and . . ."

    Get a UPIN

    "My third cousin's dog has the same name as me and is wanted in five different states and I get delayed and I don't know why . . ."

    Get a UPIN

    A coworker has a UPIN.
    He's been delayed 3 out of 4 times. WITH the UPN.
     

    Gluemanz28

    Grandmaster
    Rating - 100%
    29   0   0
    Mar 4, 2013
    7,430
    113
    Elkhart County
    I was told by my local FFL guy a month ago when I got delayed that NICS are not going to further review. If you don’t make it past the first level you get delayed due to NICS being over whelmed.

    I go to further review 99% of the time. Must be another Glueman out there with close credentials.
     

    Route 45

    Grandmaster
    Rating - 100%
    92   0   0
    Dec 5, 2015
    14,884
    113
    Indy
    Well, if he has his LTCH and doesn't mind full retail prices, INGO membership is free and we have classifieds.

    :)
     

    Joniki

    Master
    Trainer Supporter
    Rating - 100%
    10   0   0
    Nov 5, 2013
    1,593
    119
    NE Indiana
    He has a gun ordered and paid for through RKGuns sitting at a RK waiting for it to be figured out. At least last I had heard.

    RK will not transfer a weapon after 3 days if the buyer comes back delayed. They will only release a firearm if approved.
     

    JusAdSumBellum

    Plinker
    Rating - 0%
    0   0   0
    Apr 13, 2010
    83
    8
    Central IN
    I'm an attorney that specializes in this. A lot of times, this is due to a record remaining that wasn't covered by the expungement or that couldn't be tied to the expungement by ISP's expungement unit. I'd recommend having your friend get a fingerprint based background done. Make sure that there aren't any outstanding dates of arrest on his record. I'd also recommend giving ISP Expungement Unit a call, 317-234-4427, and see if they can clear them up for him.
     

    KokomoDave

    Enigma Suspect
    Site Supporter
    Rating - 100%
    75   0   0
    Oct 20, 2008
    4,500
    149
    Kokomo
    The FBI denied me a UPUN even tho I applied. They said they "fixed" the problem but I still get delayed until the end of the "time-out". Farging bunch of bull poo even tho I was L.E. and did a short stint for the US State Department in Columbia during my Guard time. Still oinks me off every stinking time!!
     

    Sigblaster

    Soon...
    Rating - 100%
    52   0   0
    Apr 2, 2008
    1,208
    129
    Indy
    I'm going to throw this in here, because it's been on my mind for a while, and I see there are legal guys in here, and I don't know where else it would fit on this forum.

    How would someone find out if they are a prohibited person, without actually filling out a 4473?

    I know a guy who is a good, reputable guy now. Many years ago, he did something and was charged with something, and pleaded it out. The problem is, he was young and had the best crappy lawyer he could afford. He doesn't know what he was charged with, or what he pleaded to, or even what county he was in at the time. He only knows he didn't get jail time, which was what he was most concerned about. This didn't happen in Indiana.

    I know this seems very vague, but it's all I have to work with. He was not knowledgeable about the law or the legal system at his age at the time. What's the best, most reliable way for him to run a check on himself to see if he's a prohibited person?

    I'd like to gift a home defense gun to him, but I don't want him to get jammed up by filling out a 4473 when he doesn't know how to truthfully answer the questions.
     

    Route 45

    Grandmaster
    Rating - 100%
    92   0   0
    Dec 5, 2015
    14,884
    113
    Indy
    I'm going to throw this in here, because it's been on my mind for a while, and I see there are legal guys in here, and I don't know where else it would fit on this forum.

    How would someone find out if they are a prohibited person, without actually filling out a 4473?

    I know a guy who is a good, reputable guy now. Many years ago, he did something and was charged with something, and pleaded it out. The problem is, he was young and had the best crappy lawyer he could afford. He doesn't know what he was charged with, or what he pleaded to, or even what county he was in at the time. He only knows he didn't get jail time, which was what he was most concerned about. This didn't happen in Indiana.

    I know this seems very vague, but it's all I have to work with. He was not knowledgeable about the law or the legal system at his age at the time. What's the best, most reliable way for him to run a check on himself to see if he's a prohibited person?

    I'd like to gift a home defense gun to him, but I don't want him to get jammed up by filling out a 4473 when he doesn't know how to truthfully answer the questions.

    Have him research how to obtain a background check in the state where the incident/charges occurred. Sometimes you can get them straight from the government, sometimes you have to find a company that specializes in background checks.

    I have a hard time believing that he doesn't remember where he was or what he was charged with, though. Seems like the kind of thing you'd pay attention to.
     
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