NICS denial / deferred adjudication question
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Re: NICS denial / deferred adjudication question
I did send a certified copy of the court documents with my fingerprints just in case.
Re: NICS denial / deferred adjudication question
My Friend is going through the exact same issue right now.
I'll give you a little background, back in 89 or 90 (he was 18 or 19 at the time),he was arrested for trying to sell 8 ounces of cocaine. He was sentenced to 10 years probation via deferred adjudication, after 5 years his probation was deemed completed and he had his record expunged and his rights were returned, or at least that is what he says the Judge told him. He has been eligible to vote and has.
In July he tried to purchase a shotgun and was told there was a delay, 2 days later he received a call from the FFL stating he was denied. When he contacted NICS he was like the OP given a link to follow and file on, he was then sent a letter about 2 weeks later that had the same exact wording the OP's letter had, which leads me to believe it's a form letter.
My friend then went to the local court and got a copy of all paperwork relating to the case and his final deposition. He then got fingerprinted and sent in all information to the NICS/FBI. He then got a letter stating it could take up to 2 months to process. As of today, he has still not received an answer and when he contacts them they have give him the run around and have now told him they have 180 to process and give an answer. He sent in all the paperwork in late July.
To say they have been less than helpful would be an understatement.
I'll give you a little background, back in 89 or 90 (he was 18 or 19 at the time),he was arrested for trying to sell 8 ounces of cocaine. He was sentenced to 10 years probation via deferred adjudication, after 5 years his probation was deemed completed and he had his record expunged and his rights were returned, or at least that is what he says the Judge told him. He has been eligible to vote and has.
In July he tried to purchase a shotgun and was told there was a delay, 2 days later he received a call from the FFL stating he was denied. When he contacted NICS he was like the OP given a link to follow and file on, he was then sent a letter about 2 weeks later that had the same exact wording the OP's letter had, which leads me to believe it's a form letter.
My friend then went to the local court and got a copy of all paperwork relating to the case and his final deposition. He then got fingerprinted and sent in all information to the NICS/FBI. He then got a letter stating it could take up to 2 months to process. As of today, he has still not received an answer and when he contacts them they have give him the run around and have now told him they have 180 to process and give an answer. He sent in all the paperwork in late July.
To say they have been less than helpful would be an understatement.
Re: NICS denial / deferred adjudication question
A little update on my friends issues with the NICS denial.
Yesterday he received his letter from the FBI stating he was still denied. This time though in the letter they actually listed the reason.
1-was the mentioned incident above, but was not actually the denying factor. So all that paperwork and cost was for nothing.
2-was an arrest that followed about 3 months later for failure to pay tax on the drugs.
Many will not remember or even know that at one time they would bust you for drugs and then for not paying taxes on those drugs via a tax stamp. Well it turns out that many believed that the tax stamp was double jeopardy and many judges didn't want to deal with it, so they just dropped it in my friends case.
Turns out years later it was deemed double jeopardy.
http://www.ndsn.org/nov96/drugtax.html" onclick="window.open(this.href);return false;
Anyways he was just arrested, but never charged with the tax evasion, but for some reason it shows on his NICS check. He then contacted the FBI and told them what happened, they told him he would need to provide a letter a dismissal, and all would be fine. He contacted the local courts and has had to play the "you need to call this other department" game.They do show it as being dismissed on their records though.
So once he gets the letter and sends it in he should be fine, now how long they sit on it before responding, well that's a whole other issue.
Oh another thing I have found out in researching this issue, and have informed my friend, is that even though he will send in the letter and the NICS will send him back an all is OK now letter, that it is a good possibility that if he then goes to purchase a gun and they run the NICS he will be denied, because if the local agencies don't correct the information, it will still show up on the NICS and they will always go by the current report, even if they know it isn't correct.
So basically on his record he has had a felony arrest that is showing as still open that he had no idea about, for the last 20 year. We now know why he has failed several job background checks.
Yesterday he received his letter from the FBI stating he was still denied. This time though in the letter they actually listed the reason.
1-was the mentioned incident above, but was not actually the denying factor. So all that paperwork and cost was for nothing.
2-was an arrest that followed about 3 months later for failure to pay tax on the drugs.
Many will not remember or even know that at one time they would bust you for drugs and then for not paying taxes on those drugs via a tax stamp. Well it turns out that many believed that the tax stamp was double jeopardy and many judges didn't want to deal with it, so they just dropped it in my friends case.
Turns out years later it was deemed double jeopardy.
http://www.ndsn.org/nov96/drugtax.html" onclick="window.open(this.href);return false;
Anyways he was just arrested, but never charged with the tax evasion, but for some reason it shows on his NICS check. He then contacted the FBI and told them what happened, they told him he would need to provide a letter a dismissal, and all would be fine. He contacted the local courts and has had to play the "you need to call this other department" game.They do show it as being dismissed on their records though.
So once he gets the letter and sends it in he should be fine, now how long they sit on it before responding, well that's a whole other issue.
Oh another thing I have found out in researching this issue, and have informed my friend, is that even though he will send in the letter and the NICS will send him back an all is OK now letter, that it is a good possibility that if he then goes to purchase a gun and they run the NICS he will be denied, because if the local agencies don't correct the information, it will still show up on the NICS and they will always go by the current report, even if they know it isn't correct.
So basically on his record he has had a felony arrest that is showing as still open that he had no idea about, for the last 20 year. We now know why he has failed several job background checks.
Re: NICS denial / deferred adjudication question
Just to clarify. If you receive deferred adjudication you are NOT eligible to have your record expunged. I am sure the issue has been discussed on other post but it it important to understand. After successfully completing your period deferred probation you may obtain an Order for Nondisclosure. The Order will prohibit the release of any information regarding your case to a private employer or individual. Certain law enforcement and governmental agencies will still be able to access the information.
Re: NICS denial / deferred adjudication question
Got this in the mail yesterday from the US Dept. of Justice, NICS appeal review.....
The fingerprints you submitted are identical with those in a record that was used to deny your firearm purchase. The documentation you submitted has been reviewed, and based on further review and investigation, we have been able to verify that YOU ARE ELIGIBLE TO PURCHASE A FIREARM.......
From Nov 5th til April 25th. Quite a wait to find out that they just missed looking at the documentation that they already had, but satisfying to know that I am in the clear to pursue my CHL!
The fingerprints you submitted are identical with those in a record that was used to deny your firearm purchase. The documentation you submitted has been reviewed, and based on further review and investigation, we have been able to verify that YOU ARE ELIGIBLE TO PURCHASE A FIREARM.......
From Nov 5th til April 25th. Quite a wait to find out that they just missed looking at the documentation that they already had, but satisfying to know that I am in the clear to pursue my CHL!
Re: NICS denial / deferred adjudication question
Congrats!
League City, TX
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Yankee born, but got to Texas as fast as I could! NRA / PSC / IANAL
Re: NICS denial / deferred adjudication question
Congrats.PARTSGUY wrote:Got this in the mail yesterday from the US Dept. of Justice, NICS appeal review.....
The fingerprints you submitted are identical with those in a record that was used to deny your firearm purchase. The documentation you submitted has been reviewed, and based on further review and investigation, we have been able to verify that YOU ARE ELIGIBLE TO PURCHASE A FIREARM.......
From Nov 5th til April 25th. Quite a wait to find out that they just missed looking at the documentation that they already had, but satisfying to know that I am in the clear to pursue my CHL!
I also have been denied by NICS once but for a very different reason.
Some clown up north has the same first, middle initial, and last name as me and was born on the same day I was. Needless to say he is not a stranger to the FBI. Already had my CHL paperwork submitted so just waited to make sure everything went through ok. It did and I haven't gone through a NICS check since.
Looking back it did shine some light on a number of problems I had encountered in the past. Always being asked when getting DL if I had ever had a DL in PA or NJ. Being detained for hours everytime I would go through customs. Being looked at funny during job interviews.
It all makes since now.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
John Wayne
NRA Lifetime member
Re: NICS denial / deferred adjudication question
Just an update on an old thread. Got plastic today, so YES I am eligible for LTC! I put it off way too long because I dreaded possibly finding out otherwise. Glad I finally applied. Sent standard paperwork along with court documents of disposition. Waited about 3 months and it showed up yesterday!!!!
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Dadtodabone
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Re: NICS denial / deferred adjudication question
Congratulations!
"Caesar si viveret, ad remum dareris!"
Re: NICS denial / deferred adjudication question
Super congrats! Well done! 
Diplomacy is the Art of Letting Someone Have Your Way
TSRA
Colt Gov't Model .380
TSRA
Colt Gov't Model .380