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Thread: Should I attempt

  1. #1
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    Default Should I attempt

    I asked in private once but what the heck . So........ I have some arrest on my records everything has been discharged /dismissed nothing has stuck , after everything that has happened I was able to serve my country and got a honorable discharge I also am currently a Nurse Licensed by the state of NY, my question is I've heard about this judge in Erie county should I even attempt I technically "have no record " . Please help /advise

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  3. #2
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    Technically by law the arrests are nullified although you still have a record with NY and the FBI. You have to disclose any and all arrests regardless of the outcome, depending on the nature of the arrests and the length of time since the last one you might be approved. It all depends on the judge and their take on your good moral character. Make sure to get all dispositions to your cases. I have dismissed priors ranging from 2008 to 2016 and was approved earlier this month.

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    Really depends on how serious the charges were, what their final disposition was, and how much time has passed since the offenses.

    You haven't answered all of those questions here, but from the way you describe what you have described, it sounds like it was fairly minor things that were all dismissed, likely via ACD, and that they were all at least if more more years ago. If all of that is true, I'd say you have a good chance of success - just be sure to disclose everything on the application.
    Last edited by OwnTheRide; 02-17-2020 at 05:51 PM.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Best first post ever. Seems like so many are along the same lines as yours. You join and right then ask the same thing. Never to post again of anything of value

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    Quote Originally Posted by chuck View Post
    Best first post ever. Seems like so many are along the same lines as yours. You join and right then ask the same thing. Never to post again of anything of value
    I apologize if my post is not to your liking but I remember asking if it was .

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    Quote Originally Posted by OwnTheRide View Post
    Really depends on how serious the charges were, what their final disposition was, and how much time has past since the offenses.

    You haven't answered all of those questions here, but from the way you describe what you have described, it sounds like it was fairly minor things that were all dismissed, likely via ACD, and that they were all at least if more more years ago. If all of that is true, I'd say you have a good chance of success - just be sure to disclose everything on the application.
    So most of them were Assault and harrassment lot of fighting in my early 20s, last charge was 2009 fighting with my ex wifes brother because he threatened to shoot me , got ACD also. But "no record" except for arrest history.

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    [QUOTE=JOHMOR37;1568648]
    Quote Originally Posted by chuck View Post
    Best first post ever. Seems like so many are along the same lines as yours. You join and right then ask the same thing. Never to post again of anything of value
    I apologize if my post is not to your liking but I dont remember asking if it was so unless you have something positive to say ..... as far as posting things of value how do you know what I may post next shouldn't speak so prematurely guy. Never know what response you may get

  10. #8
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    We will see. So many come and go...

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    Quote Originally Posted by JOHMOR37 View Post
    So most of them were Assault and harrassment lot of fighting in my early 20s, last charge was 2009 fighting with my ex wifes brother because he threatened to shoot me , got ACD also. But "no record" except for arrest history.
    I think you'll be good to go. Just remember to list everything on the application regardless of outcome. Quick story on that:

    When I applied for my permit, the application asked if I had ever been arrested or convicted of a crime. Per my understanding, I had not. Per my understanding, I had been charged with a misdemeanor as a minor which was eventually dismissed via ACD - so I had not been convicted, and I had not been arrested. On top of that, this was all when I was a minor, so it was "sealed."

    My application was denied for failing to disclose this. I now understand that getting an appearance ticket is the same as an arrest, at least in the eyes of the licensing officer. Fortunately, when I explained all of this to the licensing officer, he reversed his decision.

    So I guess my advice would be to make sure you don't miss any when you list them. But 10+ years ago for fairly minor stuff that is common for people in their 20s? I think you have nothing to worry about.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    The licensing officer in Erie county is very reasonable and very pro 2a.
    you have the military and the honorable discharge working for you. Also have the time moderately on your side. 10 years is and isn’t a lot of time.
    you have it seems like a good amount of fighting charges against you. If it’s a lot(excessive in the judges eyes) he will likely deny you. I’ve heard of people getting denied for multiple traffic violations.

    I say go for it and it’s likely you’d get approved. I’d do it soon if your going to do it because there are many new bills trying to be passed where they may make you a prohibited person. An acd is a conviction after all. Also they know everything so as own the ride states make sure you acknowledge every arrest and police encounter where your name was taken down.

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    Quote Originally Posted by Saltwater60 View Post
    An acd is a conviction after all.
    No, not at all. "ACD" stands for "Adjournment in Contemplation of Dismissal" - the court case is adjourned, and if the subject stays out of trouble, the case is dismissed. There is no conviction whatsoever - only an arrest and a dismissal of charges.

    I suspect you may have been trying to say that a licensing officer might consider an ACD to be more or less equivalent to a conviction, or that accepting an ACD may be viewed as an admission of guilt. There is likely some truth to that.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    I applied over a year ago (NYC) and just received an answer of “Diaspproved”.
    I had 2 arrests from 1998, 1 speeding and other a fight that i wasnt even involved in but they got my plate at the scene. Both cases dismissed.
    Im about to appeal their decision.
    Saltwater60 likes this.

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    Quote Originally Posted by Tottifan76 View Post
    I applied over a year ago (NYC) and just received an answer of “Diaspproved”.
    I had 2 arrests from 1998, 1 speeding and other a fight that i wasnt even involved in but they got my plate at the scene. Both cases dismissed.
    Im about to appeal their decision.
    good fight it. We need people like you to fight these crappy denials. There’s no way you should have been denied. They count on it that you won’t appeal it.

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    Quote Originally Posted by Chris828 View Post
    Technically by law the arrests are nullified although you still have a record with NY and the FBI. You have to disclose any and all arrests regardless of the outcome, depending on the nature of the arrests and the length of time since the last one you might be approved. It all depends on the judge and their take on your good moral character. Make sure to get all dispositions to your cases. I have dismissed priors ranging from 2008 to 2016 and was approved earlier this month.






    And wat charges did u Have if u don’t mind me asking

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    Quote Originally Posted by 380king View Post
    Quote Originally Posted by Chris828 View Post
    Technically by law the arrests are nullified although you still have a record with NY and the FBI. You have to disclose any and all arrests regardless of the outcome, depending on the nature of the arrests and the length of time since the last one you might be approved. It all depends on the judge and their take on your good moral character. Make sure to get all dispositions to your cases. I have dismissed priors ranging from 2008 to 2016 and was approved earlier this month.






    And wat charges did u Have if u don’t mind me asking
    All of mines were for fighting

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    Quote Originally Posted by JOHMOR37 View Post
    Quote Originally Posted by 380king View Post
    Quote Originally Posted by Chris828 View Post
    Technically by law the arrests are nullified although you still have a record with NY and the FBI. You have to disclose any and all arrests regardless of the outcome, depending on the nature of the arrests and the length of time since the last one you might be approved. It all depends on the judge and their take on your good moral character. Make sure to get all dispositions to your cases. I have dismissed priors ranging from 2008 to 2016 and was approved earlier this month.






    And wat charges did u Have if u don’t mind me asking
    All of mines were for fighting
    As in assault ? I have a robbery dat was dropped due to not being a suspect but it shows on my record as dismissed 2007 / assault 2011/ criminal mischief 2017( only need 2017 dipso ) jus wanna get more insight on wat to do how to go bout it on da permit n brief explanation on how to put everything done on my app

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    Quote Originally Posted by 380king View Post
    As in assault ? I have a robbery dat was dropped due to not being a suspect but it shows on my record as dismissed 2007 / assault 2011/ criminal mischief 2017( only need 2017 dipso ) jus wanna get more insight on wat to do how to go bout it on da permit n brief explanation on how to put everything done on my app
    Good luck.

  20. #18
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    The thing is in NYS you can’t compare NYC to Erie county NY. NYC denied people all the time and if you appeal seems to get you an approval most of the time. They really want to keep their denials out of the court systems because they deny people all the time. Most people likely don’t appeal so they get their way anyway. You should appeal any denial or be prepared to. Don’t let the denial stand.

    OP I agree with own the ride. Most likely you’d be fine. The only thing that makes me hesitate is because it was a lot of fighting. If you’ve been out of trouble for a while then it’s likely a yes. Remember as unfortunate as it is it you don’t need a conviction to get denied in NYS. It’s really up to the judge. I’ve heard of people on here getting denied for multiple traffic tickets. Is that true or the entire story? Who knows.

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    Quote Originally Posted by Saltwater60 View Post
    The thing is in NYS you can’t compare NYC to Erie county NY. NYC denied people all the time and if you appeal seems to get you an approval most of the time. They really want to keep their denials out of the court systems because they deny people all the time. Most people likely don’t appeal so they get their way anyway. You should appeal any denial or be prepared to. Don’t let the denial stand.

    OP I agree with own the ride. Most likely you’d be fine. The only thing that makes me hesitate is because it was a lot of fighting. If you’ve been out of trouble for a while then it’s likely a yes. Remember as unfortunate as it is it you don’t need a conviction to get denied in NYS. It’s really up to the judge. I’ve heard of people on here getting denied for multiple traffic tickets. Is that true or the entire story? Who knows.
    Ok now it all make since jus making myself as prepared as possible specially knowing I ain’t got any felonies n a good character perhaps they do try anything I want to be ready for it but I’m pretty sure I’ll get it with all the things I have ready for only waiting to take the class after the virus stuff go away do u guys have any YouTube videos I should watch ? Any great gunsmith? or maybe links to look at I be up non stop gaining knowledge so anything would be appreciated 💪🙏🏾

  22. #20
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    💪🙏&#x1f3fe is a good YouTube channel to subscribe to.

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