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Old March 12, 2013, 08:27 PM   #1
ROCK6
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Renewed CHL background check failed!!!!

Alright, I’m just venting.

I’m active duty Army, over 25+years of service with a TS/SCI clearance. I’ve had CHL’s for WA, TX, FL and GA (twice). I don't even have a speeding ticket in the past 10 years...

I just submitted my renewal paper work for FL and was just informed of an arrest or criminal charge in WA State which needed to be addressed before continuing…WTF? My GA carry permit is still valid and I haven’t had an issue purchasing multiple firearms over the past several years. I'm still a resident of WA, but stationed in GA.

So, I start calling and trying to figure out what this charge is and how to clear my name. The “red flag” popped up from an (erroneous) warrant in WA State. So, I contact the county sheriff, the court house, the state patrol the regional FBI, the federal NCIC/NICS FBI and anybody else who may assist.

Nobody can point to any type of charge against me (duh!), and they can’t explain the red flag or don’t know what to do to clear me for FL to complete their background check.

I spent all day (sorry tax-payers) and talked to two dozen different agencies and offices. This is absurd! Sure, it’s just an inconvenience and I will get this cleared up, but I’m so angry, I’m sending multiple Congressional Offices letters on my experience and why the current system of background checks just isn't working.

I’m a very small slice of society. My rank/grade and position require me to maintain a high-level clearance which is checked regularly when I travel. This whole “background checks” system is clearly broken, even at a Federal level and the local levels have no clue of the ramifications when a mistake is made. Sure I want this rectified, but the attention needs to be on the system and how errors are exacerbated to the point of excruciating pain from those on the bottom rung who are just trying to exercise their rights.

I hate to use my rank and position to address this with representatives, but if I’m at risk at my level, than I can only imagine how little attention the majority of citizens will be given…

Now, I must admit every office and agency between FL, WA, the local and federal FBI offices were all very courteous and attempted to help, they just didn’t know how to fix this problem. Yeah, I’m just a little jaded at the whole situation and needing to vent…

ROCK6

Last edited by Vanya; March 12, 2013 at 08:32 PM. Reason: language.
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Old March 12, 2013, 09:39 PM   #2
2ndsojourn
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As much as you say you'd hate to use your rank and position, I'd use it. And contact an attorney in WA.
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Old March 12, 2013, 09:52 PM   #3
tynman
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If your rank and file will help you it can also help us regular guys and girls. So please if you do use it (as I would to do good) dont forget about us that dont have the rack or file. We need others like yourself to help open there eyes cause we cant.. Im sorry you have to go thru this...
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Old March 12, 2013, 10:05 PM   #4
Fishing_Cabin
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Rock6,

Best advice I can offer is to contact the issuing agency in FL who did the background check, and get a statement in writing, if at all possible, listing the agency/court system that is reporting the charge on your record, then contact that agency/court system to track down the issue from there.
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Old March 13, 2013, 12:46 AM   #5
Jeremiah/Az
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Before I got my CCW permit, they would hold up any gun purchase on me for the 3 days. I have never been in any trouble or had any charges. Without a response from them in 3 days the gun can be purchased. Now I just pay, do the paper work & walk out with the gun.
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Old March 13, 2013, 04:24 AM   #6
ROCK6
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Quote:
Originally Posted by fishing cabin
Best advice I can offer is to contact the issuing agency in FL who did the background check, and get a statement in writing, if at all possible, listing the agency/court system that is reporting the charge on your record, then contact that agency/court system to track down the issue from there.
That where this started and the proposed issuing court house can't figure it out. Somewhere there is an erroneous charge with my name attached. I even was directed down to a PD in Pasco, WA where my information was associated with a "field contact" loitering charge...of course that occurred when I was in Iraq And according to everyone, wouldn't even be a blip on the radar. I'm certain my info was mistakenly put into the system, but that only shows how broke the system is and even worse very difficult to rectify.

My concern is there is a warrant out with my name associated, but it hasn't show up locally, county, state or the federal level...that has me concerned. If a FL state clerk can stumble into it, I'm sure anybody might.

I should have the initial issue cleared enough to continue processing my CHL, but this is quite frustrating.

ROCK6
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Old March 13, 2013, 07:20 AM   #7
steve666
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The only comment I'm going to make here is that as a taxpayer I have no problem with your spending any and all of the time necessary to clear up this mess while on my dime. I consider it a much better use of my tax dollar than many things that they spend them on! Thank you for your service to our country.
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Old March 13, 2013, 08:43 AM   #8
Double Naught Spy
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In the past, we have had people post where they tried to renew carry permits and something on their record had turned up that had not previously caused them problems. That something new turning up on yours resulting in a problem isn't unprecedented. In other words, just because they issued you a permit previously does not mean they will renew it if something was discovered. So this aspect should not shock you.

However, it sounds like this is an error. You may need a lawyer. You certainly need to get the warrant straightened out.
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Old March 13, 2013, 09:40 AM   #9
dajowi
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Good luck getting everything worked out.

Having known military personnel and DOD civilian workers with TS/CSI clearances didn't mean a hill of beans in the civilian world unless it specifically applied to employment or research applications.

A friend is having a similar issue and I'll give you the same advice, get a lawyer. Whether a lawyer does anything more than cost a lot of money is another question.
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Old March 13, 2013, 10:10 AM   #10
Mac's!
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Besides owning/operating Mac's, I work in law enforcement. After 20+ years and a near fatal injury in uniform, I'm now assigned to a position where I deal with the public, run warrant checks, etc. On the Mac's business side, I often do transfers for people I know. One of those persons is a retired LEO. I have done probably 10 transfers for him over the years and every single one of them had to be "Delayed for further review". They always come back approved but it's still a pain. The reason is his name. He has a fairly common name and it pops up red flags all over the country. After further review, it's always cleared to proceed.

As a LEO, I run a lot of warrants but they're a little more detailed than what a street cop runs. I'm not just looking for arrest warrants, I'm looking at history. I find stuff that the individual ignored in the past, stuff they didn't know about, stuff they lied about....and stuff that is not correct! Because I take my job seriously, I look a little further whenever I get a hit. Sometimes, I find the persons name and birthday match but not the physical description or some distinguishing mark is not there, tattoos that are gone, horrible scars that don't exist on the person standing in front of me, etc....obviously not a match. Sometimes it's caused by an identical name and birthday...yes, it's happened. Sometimes it's a brother or friend using a fake name and sometimes, it's a legitimate mistake.

Mistakes do happen. Computers never forget. Put the two together and you could have a problem. A court clerk entering the warrant information into the system transposes numbers or first to last names (Is it John Henry or Henry John?), etc. and voila! There's a warrant out for your arrest! The person running the checks may not be experienced, may not be diligent or may just be an @$$hole. (This guy doesn't need to carry a gun, etc) Don't think it happens? Think again!

The worst case that I know of happened here locally. A traffic court clerk was in charge of taking fine payments. People were coming in to pay for their traffic ticket fines. After payment, the updated info was entered into the system. She would give out printed receipts showing fine paid this date, etc. Except, she figured out a way to get the system to give out a receipt but not really enter the updated info. Joe Schmoe paid his traffic ticket, got a receipt and left. The clerk pocketed the money! No fine paid. After a set time, the system would issue a warrant for non payment of a traffic fine. Joe Schmoe gets arrested. The "system" never forgets but it's only as good as the person in-putting the information.

The bottom line is that something went wrong with your background check. Since you know that there's nothing in your past and WA State agrees, you need to contact the Florida authorities. I think it's the Florida Department of Law Enforcement that does those checks. (FDLE) You also need to check your credit rating. A warrant hit may only be the tip of the iceberg. Identity theft happens. Keep yer powder dry, Mac.
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Old March 13, 2013, 10:43 AM   #11
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I will Echo what MAC said. Might be a good idea to contact FDLE AND Check your credit report incase of Identity theft.

I too have a story of a messed up situation, though not as dire as the OP's.

My wife is a type 1 Diabetic and she lived in Ohio for most of her life.
Well in Ohio if you are a Diabetic, you need to do an eye exam every year or so in order to keep your drivers license.

Well one day my wife gets a notice in the mail that her Drivers license has been suspended for going on a month for failure to get the required eye exam...the only thing is she did get her eye exam a couple of months ago, her doctor forwarded it on to the state but some pencil pusher in the DMV screwed up and the info wasn't entered.

Thankfully she didnt find out her license was suspended the way far too many do, by getting arrested for driving while suspended!
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Old March 13, 2013, 12:09 PM   #12
Dallas Jack
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My wife applied for a CCW permit. She was denied. They said a red flag poped up and we would have to get her arrest record. We had to go to the county courthouse and get a notorized copy of both her city and county arrest records. She had no arrest records but we had to prove it. Cost us another $40 dollars just to verify it. After sending in the records they mailed her CCW.
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Old March 13, 2013, 06:04 PM   #13
ROCK6
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Well, kudos to the WA, Benton County sheriff’s department. They responded much more quickly than I expected and resolved the mistaken identity issue tagging me with a warrant. My new FL State CHL should be in hand in a week or two.

It was a “type” of identity theft as my name was a perfect match, but nothing else matched nor the description of the initial charge. No lawyer needed, but I did get a quick consult from a local attorney and our military lawyers.

I still think this must be addressed at the representative level and am going to draft up some letters. My concern is that is that any form of national background check system is going to be severely prone to errors and these “red flags” where their constituents are going to bear the burden of proof to fight errant criminal charges or records.

Quote:
Originally Posted by dajowi
Good luck getting everything worked out.

Having known military personnel and DOD civilian workers with TS/CSI clearances didn't mean a hill of beans in the civilian world unless it specifically applied to employment or research applications.

A friend is having a similar issue and I'll give you the same advice, get a lawyer. Whether a lawyer does anything more than cost a lot of money is another question.
It all depends on how you come across. Sure it doesn’t mean much to many that don’t understand it, but I must admit everybody I talked to (which was many) were very helpful and really tried to provide an answer or direct me to someone who (they thought) could.

It was a “type” of identity theft as my name was a perfect match, but nothing else matched nor the description of the initial charge. No lawyer needed, but I did get a quick consult from a local attorney and our military lawyers.

Quote:
Originally Posted by Mac’s!
The bottom line is that something went wrong with your background check. Since you know that there's nothing in your past and WA State agrees, you need to contact the Florida authorities. I think it's the Florida Department of Law Enforcement that does those checks. (FDLE) You also need to check your credit rating. A warrant hit may only be the tip of the iceberg. Identity theft happens. Keep yer powder dry, Mac.
Great advice Mac, I appreciate it and already done. Nothing out of order, but it does give you a good reminder!

Quote:
Originally Posted by Dallas Jack
My wife applied for a CCW permit. She was denied. They said a red flag poped up and we would have to get her arrest record. We had to go to the county courthouse and get a notorized copy of both her city and county arrest records. She had no arrest records but we had to prove it. Cost us another $40 dollars just to verify it. After sending in the records they mailed her CCW.
Dallas Jack
Yeah, this only cost me $10 for an online records check, which I didn’t need to do. The court house provided the certified statement to FL and it was cleared up this morning. Still, if I have to pay to prove my innocence, I start to wonder about where our legal system is going…it does make it frustrating.

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Old March 13, 2013, 06:41 PM   #14
tekarra
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I don't blame you for venting and am glad the issue is resolved. An error like that can surely cause a lot of grief. Happy to hear the people you contacted were friendly and courteous.
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