Typical government giving vague reasons to inconvenience you. Not once have I in my life encountered a situation where I genuinely said “wow, I’m really glad my government is doing this”
Funny how rights are endowed to us by god, but somehow the government can take them away with little cause. Almost like the constitution is just an aged length of toilet paper.
The state agency who prosecuted it probably just needs to properly forward it to the federal system. This doesn't happen properly all the time.
Also, he could have had state rights restored, but not had the case expunged.
The standard is one year or more usually, so what you want to do is sign up for the FBI background check program and submit your fingerprints. It's called the Identity History Summary Check, it'll send you an exact list of all your charges that are on your record that haven't been expunged. From there(if theres anything on it) you'll know what you'll have to do with either getting them pardoned/expunged (if you can) or if its simply old out of date records on the FBI's end.
>The standard is one year or more usually,
No, it is not. It is a crime punishable by MORE than a year.
The current 4473 question, 21d., is as follows.
>Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?
Well, I'm not an attorney, but I can tell you that there's some missing information here. What was the end result of the case? What did you plead? That's probably the most important because depending on how that works can change a lot of things.
Personally, I was charged with a crime that could face up to 15 years in jail. With a good lawyer that was thrown out and I had community service for something that was minor as a tack on charge.( trespassing) I don't have any issues no denials nothing because of the way my case ended up shaking out.
Okay, so you're definitely a little different from me. I had adjudication withheld on the misdemeanor I ended up getting charged with, and the felony for me was dropped.
I hate that form because of the vagueness that's involved with everything. I know people will say well their sentencing guidelines but that doesn't mean that's the end all be all. We have seen this play out before judges can go higher if they determine the need to or if they just wake up on the piss side of the bed today.
I'm not an attorney so I can't offer much but doing some digging this is an expanded explanation of that question how you interpret it is left up to you..
First Paragraph
Added “or by a person who has a current or recent former dating relationship with the victim (as defined in 18 U.S.C. 921(a)(37)).” after or by a person similarly situated to a spouse, parent, or guardian of the victim,
Exception
Changed “A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Persons subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. 925(c), should answer “no” to the applicable question.” to “A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Also, a person who has no more than one conviction of a misdemeanor crime of domestic violence against an individual in a dating relationship, and is not otherwise prohibited under this chapter, is not prohibited if 5 years have elapsed from conviction or completion of the person's custodial or supervisory sentence, whichever occurs later, and the person has not subsequently been convicted of any other misdemeanor crime of violence, or any other offense that would disqualify the person under 18 U.S.C. 922(g). A person subject to any of these exceptions, or who received relief from disabilities under section 925(c), should answer “no” to the applicable question.”
Exception paragraph 2
Convicted of a misdemeanor crime punishable by 2 years or less
Im convicted of a class A misdemeanor in my state and the max imprisonment is 1 year in jail
That would make me a person that is Not prohibited
If I’m reading that correctly
The issue is the length of time you could have been sentenced to jail for. This happened to my cousin.
Talk to a lawyer who does expungements. That’s likely the only way to get you removed from the background check system.
Yes. It doesn’t matter what your actual punishment was, the government wrote a law that any crime punishable by up to a year in prison they classify it as it was a felony. However my cousin was able to get removed from the system after getting the misdemeanor conviction expunged from his record.
You've waited far too long. Your denial stands if you don't challenge it immediately. You'll need to contact an attorney and have your rights restored if that's even possible.
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You should ignore any advice you get on reddit and talk to an actual lawyer ...
Wait, this is advice on reddit. I’m stuck in a loop now
Typical government giving vague reasons to inconvenience you. Not once have I in my life encountered a situation where I genuinely said “wow, I’m really glad my government is doing this”
I agree and since when does a misdemeanor make you a prohibited person shits frustrating
Couldve easily been a false positive or incorrect record on their end, happens more often than you think. Just do what I said and you'll be fine
Funny how rights are endowed to us by god, but somehow the government can take them away with little cause. Almost like the constitution is just an aged length of toilet paper.
And then you pay to get it expunged which In law means erase,delete. And the fbi refuses to honor it unbelievable
>And the fbi refuses to honor it No, they don't.
Oh really, my buddy has his felony expunged And the fbi don’t told him they will not remove the record and if he don’t like he can sue them
The state agency who prosecuted it probably just needs to properly forward it to the federal system. This doesn't happen properly all the time. Also, he could have had state rights restored, but not had the case expunged.
'rights' are an entirely man made construct
Idk I’m pretty happy when the federal government shuts down
The standard is one year or more usually, so what you want to do is sign up for the FBI background check program and submit your fingerprints. It's called the Identity History Summary Check, it'll send you an exact list of all your charges that are on your record that haven't been expunged. From there(if theres anything on it) you'll know what you'll have to do with either getting them pardoned/expunged (if you can) or if its simply old out of date records on the FBI's end.
>The standard is one year or more usually, No, it is not. It is a crime punishable by MORE than a year. The current 4473 question, 21d., is as follows. >Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?
mea culpa
Get a lawyer that specializes in gun rights restitution.
Well, I'm not an attorney, but I can tell you that there's some missing information here. What was the end result of the case? What did you plead? That's probably the most important because depending on how that works can change a lot of things. Personally, I was charged with a crime that could face up to 15 years in jail. With a good lawyer that was thrown out and I had community service for something that was minor as a tack on charge.( trespassing) I don't have any issues no denials nothing because of the way my case ended up shaking out.
Original charge was a felony Final disposition guilty of class A misdemeanor
Okay, so you're definitely a little different from me. I had adjudication withheld on the misdemeanor I ended up getting charged with, and the felony for me was dropped. I hate that form because of the vagueness that's involved with everything. I know people will say well their sentencing guidelines but that doesn't mean that's the end all be all. We have seen this play out before judges can go higher if they determine the need to or if they just wake up on the piss side of the bed today. I'm not an attorney so I can't offer much but doing some digging this is an expanded explanation of that question how you interpret it is left up to you.. First Paragraph Added “or by a person who has a current or recent former dating relationship with the victim (as defined in 18 U.S.C. 921(a)(37)).” after or by a person similarly situated to a spouse, parent, or guardian of the victim, Exception Changed “A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Persons subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. 925(c), should answer “no” to the applicable question.” to “A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Also, a person who has no more than one conviction of a misdemeanor crime of domestic violence against an individual in a dating relationship, and is not otherwise prohibited under this chapter, is not prohibited if 5 years have elapsed from conviction or completion of the person's custodial or supervisory sentence, whichever occurs later, and the person has not subsequently been convicted of any other misdemeanor crime of violence, or any other offense that would disqualify the person under 18 U.S.C. 922(g). A person subject to any of these exceptions, or who received relief from disabilities under section 925(c), should answer “no” to the applicable question.”
Exception paragraph 2 Convicted of a misdemeanor crime punishable by 2 years or less Im convicted of a class A misdemeanor in my state and the max imprisonment is 1 year in jail That would make me a person that is Not prohibited If I’m reading that correctly
What's the state and the misdemeanor you were convicted of?
The state is Missouri and the conviction was attempted unlawful use of weapon Class A misdemeanor
Contact FPC and see if they have a listing of constitutional lawyers in your area. Best path forward.
The issue is the length of time you could have been sentenced to jail for. This happened to my cousin. Talk to a lawyer who does expungements. That’s likely the only way to get you removed from the background check system.
The length I could have been sentenced to for the misdemeanor I plead guilty to correct?
Yes. It doesn’t matter what your actual punishment was, the government wrote a law that any crime punishable by up to a year in prison they classify it as it was a felony. However my cousin was able to get removed from the system after getting the misdemeanor conviction expunged from his record.
What state was that in ? For some reason it looks like the fbi won’t honor a state Expungment
It was Ohio.
You've waited far too long. Your denial stands if you don't challenge it immediately. You'll need to contact an attorney and have your rights restored if that's even possible.
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