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Discussion Starter · #1 ·
how long is someone's record held over their head? when attempting to purchase a firearm how far back do they check on the backround check? (don't know if it makes a difference but i'm asking about VA) do they care what you did when you were a minor? or do they stop caring if the record is over 10 years old? some insite would be greatly helpful? and also is the attempted buyer arrested if they are found to be "denied"?
 

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...unless you're wanted...or a felon,don't fear an arrest for filling out a 4473 and submitting it to try to buy a gun...

...be very careful to answer every question honestly, and READ the questions...if you're denied, then there's a process to find out exactly why and what they found...

...let us know how it goes, please...
how long is someone's record held over their head? when attempting to purchase a firearm how far back do they check on the backround check? (don't know if it makes a difference but i'm asking about VA) do they care what you did when you were a minor? or do they stop caring if the record is over 10 years old? some insite would be greatly helpful? and also is the attempted buyer arrested if they are found to be "denied"?
 

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It will depend on what the charges and conviction was for. It's not cheap, but a lawyer who specializes in gun related cases is who you need to be asking.

As to being arrested for trying to buy and denied. I would guess that as long as you answered the questions on the BATFE form 4473 and Virginia form SP-65 honestly, there shouldn't be a problem. If you lie, or intentionally omit the ask for information, then yes, you are definitely risking arrest and charges.

http://www.governor.virginia.gov/te...ocs/25 APPENDIX I - Potential Buyer Forms.pdf


The second form in the PDF file is the VA SP-65. Look at question 7 (page I-8). If you answer yes, My guess is you'll be denied.
 

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I was a Juvenile PO for two years, then an Adult PO for 28 years, in Virginia. I NEVER saw a juvenile charge on any criminal history report (rap sheet) unless the charge was transferred to the Circuit Court for adjudication as as adult.

But, get a lawyer, just in case. And follow the suggestion from archer51 above.
 

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I would say that unless you committed a felony as a kid (14 and older) you are fine. That question archer pointed out is about felonies...

A lawyer would be better to ask than us Armchair Litigators...
 

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...a lawyer is great for if you've found you have a problem...

...all we've told him here is the proper way to FIND OUT if he has a problem...and you don't need a lawer to get that far...


...apply to buy...tell the truth...if you're denied, use the system in place to find out why

...THEN...you might need a lawyer...

...only reason that wouldn't work is if he's wanted, or if he knows he's a convicted felon...and he doesn't even need a lawyer to find that out...

...I know lawyers have to eat...but it don't have to be steak every night!!!
 

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If you are not wanted for anything at the present time, the worst that can happen (if you fill out the necessary paperwork honestly), is that your purchase may be denied. If, however, you lie on the paperwork in order to make a firearms purchase you may be facing felony charges, if you are caught.

I agree with Snub44. There is no need for an attorney, at this point. Just answer all questions on the 4473 honestly and completely. If you are denied your purchase, then it may be time to involve an attorney.

Good luck.
 

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Just walk into a gun shop and fill out the paperwork honestly. And you will either get a "thumbs up" or a "thumbs down" and just be certain to remember that not being 100% truthful on your paperwork is a separate crime all by itself.

If you get denied then contact a lawyer that is familiar with firearms law and you can take your argument and have it put put before a judge that can rule one way or the other.

You are not going to be arrested for filling out an app truthfully unless you are presently a person wanted by the law.

The worst that could happen is that you'll be denied and then you can decide your next course of action from there.

Stay in touch and let us know how it all works out for you.
 

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It varies from state to state. In the state I was born in (Minnesota) your juvenile record used to be expunged automatically when you turned 18; I don't know if this is still the case. Here in Oregon you must petition the court to expunge your juvenile record after you have turned 18. You should call an attorney in your state of VA for information on this issue.
 

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Consult an attorney or simply ask your local DA if there is a way to have that record expunged. I did a few dumass things as a kid and when I applied for my CCW permit, I was completely honest...brutally. Passed my background checks, livescan, DOJ, etc. Never lie to LEO. As a friend of mine says, "Disclosure is bliss" when dealing with this kind of stuff.
 

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Discussion Starter · #11 ·
well sadly i was 16 when offense was committed, ( in NJ) i'm very private about my crime because i am utterly embarressed for one...i was also wrongly convicted which i didn't find out for 17 yrs (i had a complete idiot for an atorney...i am now 35 and i was recently told my charge does not allow me to have record expunged because the severity of the crime...im at a place in my life where i just want to move on with my life and i want my rights restored. i would like to apply for a "Governor's Pardon" but i don't have anyone to help me with the letter. ...i really need some help on a very private fashion and do not want to be judged as i have been most of my life.
 

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well sadly i was 16 when offense was committed, ( in NJ) i'm very private about my crime because i am utterly embarressed for one...i was also wrongly convicted which i didn't find out for 17 yrs (i had a complete idiot for an atorney...i am now 35 and i was recently told my charge does not allow me to have record expunged because the severity of the crime...im at a place in my life where i just want to move on with my life and i want my rights restored. i would like to apply for a "Governor's Pardon" but i don't have anyone to help me with the letter. ...i really need some help on a very private fashion and do not want to be judged as i have been most of my life.
In this case, you definitely need a lawyer then. He can help you with the petition for restoration of your rights and anything in your conversations are covered by client/attorney privilege.

Added note: If you use a VA based attorney, make sure he is licensed to practice in NJ, so he has access to all pertinent statutes.
 

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Ditto what archer51 said.
There is really nothing more to be gained by more Internet posting on this topic. And certainly do not feel obligated to make public anything that you do not wish to be in the public arena.
Your attorney can compose your letter for you and petition for you.
Just don't get an idiot attorney this time around. Find a good one.


In this case, you definitely need a lawyer then. He can help you with the petition for restoration of your rights and anything in your conversations are covered by client/attorney privilege.

Added note: If you use a VA based attorney, make sure he is licensed to practice in NJ, so he has access to all pertinent statutes.
 

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well sadly i was 16 when offense was committed, ( in NJ) i'm very private about my crime because i am utterly embarressed for one...i was also wrongly convicted which i didn't find out for 17 yrs (i had a complete idiot for an atorney...i am now 35 and i was recently told my charge does not allow me to have record expunged because the severity of the crime...im at a place in my life where i just want to move on with my life and i want my rights restored. i would like to apply for a "Governor's Pardon" but i don't have anyone to help me with the letter. ...i really need some help on a very private fashion and do not want to be judged as i have been most of my life.
Yeah, you're going to need a lawyer (by the sound of it at least) and even though you're embarrassed about the crime, the one person you need to be completely honest with will be that attorney.

Best of luck. Please update.
 

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For those that have read this and may some day apply for a TS clearance or above do not believe your jouvenile record is expunged. When you get to a special background investigation you need to be very truthful about your life. Most of what you may have done is investigated and if you have shown a change it may be overlooked. Lying on any of these forms is a very shure way to end a promising careeer.

Just as a side note your records are not held over your head you earned them.
 

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It varies from state to state. In the state I was born in (Minnesota) your juvenile record used to be expunged automatically when you turned 18; I don't know if this is still the case. Here in Oregon you must petition the court to expunge your juvenile record after you have turned 18. You should call an attorney in your state of VA for information on this issue.
ATF will run a RAP sheet, which shows ALL arrests - even juvenile arrests. It never goes away - even if it's expunged, it will still show on the RAP sheet.

The good news is that the federal government doesn't hold a juvenile arrest against an adult - unless like someone said above, if it's a felony - then all bets are off if there was a conviction.

It's one thing to be arrested. It's worse if there is a conviction.
 

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In reading the title I thought he was wanting to purchase a Justin Beber record :danceban:
 
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Discussion Starter · #19 ·
ok i understand completely however i wish i knew of the right lawyer around here that could help me. without costing me an arm and a leg..also i did not earn that record the way they say it happened....as i stated i had no clue i was being accused of the wrong crime and my attorney never informed me. just had me plead guilty to something that didnt happen the way they say....long story i'm ashamed of what i'd done and how it was handled. as i stated before i don';t like to be judged.
i sure hope i can find the right lawyer. and will keep you all posted if things work in my favor or not. (it could take a while)
any lawyer reccomendations in my area?
 

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Discussion Starter · #20 ·
if a record is expunged (which i have already found out i'm not eligible for because of my felony) then why would it show up on a rap sheet...(expunged means it never happened) records are erased!
 
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