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Old January 18, 2012, 04:57 PM   #1
Sealed
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Criminal Record Sealed - Can i get a FOID card?

In 1994-1995 i have 16 arrests for disorderly conduct that were all tossed out at court. 1 arrest/conviction for misdemeanor possession of marijuana and 1 arrest/conviction for Felony UUW. The law had recently changed so when i was stopped/searched with my grandfathers hand gun it was a felony in Chicago. Thats the only criminal history i have. I was basically an idiot for the first 2 years after i graduated high school but i straightened up after that.

Fast forward to now and my girlfriend is into competitive shooting and its something i want to participate in also. I want to get a FOID card in Illinois so i contacted my attorney about getting my record removed. She said she could get it sealed. I had to leave for a work trip so i havent spoken to her since last week.

I decided to post about it. Will i be able to get a FOID card if my record is sealed?

Thanks for any help or advice.
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Old January 18, 2012, 05:01 PM   #2
kraigwy
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You already have an attorney working on it, why not ask her?
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Old January 18, 2012, 05:06 PM   #3
Sealed
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Im stuck in NY for the next 2 months so i thought i would see if anyone had first hand experience with it while i sit here in my hotel at night.

I know if a record is expunged then its totally clear but sealed records are still accessible by law enforcement. So basically if i cant get a FOID card after sealing my record then there isnt any point in going thru with it.

Attorneys aren't always the expert we think they are. When i posed the question to her she said she would look into it and then responded with "i can seal your record" but no information about whether or not that would work if i wanted a FOID Card. After googling i landed here after reading a few similar posts it was obvious that there are people here with first hand knowledge on the subject.
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Old January 18, 2012, 05:26 PM   #4
Don H
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Seems like, even with your records sealed, Question #2 on the FOID application would be the killer:
Quote:
Have you ever been convicted of a felony?
Might be opening yourself to a perjury charge if you answered 'No':
Quote:
I hereby solemnly affirm that
the information contained herein is true to the best of my knowledge.
Then there's the whole question about whether you could legally possess a firarm under federal law with your felony conviction:
Quote:
18 USC 922(g)
It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
Most felonies would run afoul of this statute.

If you are indeed a prohibited person under federal law or state law, both you and your girlfriend may possible be violating that law (and possibly state law) if you have access to her firearms.

An attorney well versed in firearm law might be a wise investment.
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Old January 18, 2012, 05:43 PM   #5
Sealed
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Quote:
18 USC 922(g)
It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
This is interesting and why i like to ask about things like this in forums. My sentence was 1 year intensive probation. So i wasn't imprisoned. Probation may be considered imprisonment but it did not exceed 1 year. So basically 18 USC 922 (g) doesnt apply to me if i am reading it correctly.

Quote:
Seems like, even with your records sealed, Question #2 on the FOID application would be the killer:
Quote:
Have you ever been convicted of a felony?
Might be opening yourself to a perjury charge if you answered 'No':
This is why i am wondering if sealing is the right course of action. I dont know if i qualify for expungement in Illinois so a pardon seems like the only option. Once an item has been expunged or pardoned its no longer on your record for anyone to see so answering NO may not be true but it is as far as any member of law enforcement is concerned.

Quote:
Most felonies would run afoul of this statute.

If you are indeed a prohibited person under federal law or state law, both you and your girlfriend may possible be violating that law (and possibly state law) if you have access to her firearms.
This is not an issue.

Quote:
An attorney well versed in firearm law might be a wise investment.
Agreed. Now to spend the next 2 months of my life trying to find one.

Last edited by Sealed; January 18, 2012 at 05:47 PM. Reason: No quote button under posts makes it difficult to respond
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Old January 18, 2012, 05:51 PM   #6
markj
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Quote:
Have you ever been convicted of a felony?

Might be opening yourself to a perjury charge if you answered 'No':
Is a felony to lie on this application so be very carefull. Try to see if the lawyer can get any convictions "set aside" by a federal judge, is the exact same thing as a full pardon. the felony you have will prevent you from getting a gun unless it is wiped out and the reporting office IE police dept will have to be made aware of this as it may show up if a call is made to the nics folks.

good luck
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Old January 18, 2012, 05:58 PM   #7
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Sealed,

Unfortunately, you are not reading it correctly. The amount of YOUR sentence doesn't matter...it is the amount of potential punishment that matters. The crime itself was punishable by more than 1 year in jail (if it was a felony as indicated). My advice, don't mess around with this stuff. If you live with her and she owns firearms, they should be kept elsewhere. Unfortunately, you are a felon and cannot even touch those guns.

Even if the records are sealed, you will be violating the law if you state that you have not been convicted of a felony when you have.
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Last edited by Isk; January 18, 2012 at 06:05 PM.
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Old January 18, 2012, 05:59 PM   #8
Scimmia
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Quote:
This is interesting and why i like to ask about things like this in forums. My sentence was 1 year intensive probation. So i wasn't imprisoned. Probation may be considered imprisonment but it did not exceed 1 year. So basically 18 USC 922 (g) doesnt apply to me if i am reading it correctly.
You aren't reading it correctly. It doesn't say "punished", it says "punishable". It doesn't matter what you got, it matters what the maximum allowable sentence is for that crime.
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Old January 18, 2012, 06:18 PM   #9
Aguila Blanca
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Your attorney needs to understand that a "sealed" conviction is still a conviction. In order for you to be allowed to possess (or shoot, or even touch) a firearm your conviction has to be expunged, meaning canceled/deleted/removed/erased ... "sealed" doesn't do anything for you.

Quote:
Originally Posted by Sealed
This is interesting and why i like to ask about things like this in forums. My sentence was 1 year intensive probation. So i wasn't imprisoned. Probation may be considered imprisonment but it did not exceed 1 year. So basically 18 USC 922 (g) doesnt apply to me if i am reading it correctly.
What sentence you received doesn't matter. The law is based on whether or not the maximum sentence you COULD have received exceeded one year.

Quote:
18 USC 922(g)
It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
Be careful when reading laws to read what they actually say, rather than what you would like it to say.

IANAL.
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Old January 18, 2012, 07:07 PM   #10
Sealed
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I posted this above but my girlfriends firearms are not an issue.

Thanks for clearing up the wording. I think Felony UUW carried 2-5 years. Going from memory here. So that means that it does apply.

After reading more i don't think sealing does anything as law enforcement still has access to the records. I don't think i qualify for expungment so a pardon is the only thing i can do. A site i read says expungement is not possible for felonies in Illinois. I wrote my lawyer about this to see what she has to say. In the mean time i guess i better start learning how to use a bow.
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Old January 18, 2012, 07:52 PM   #11
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Lawyer got back to me with this "I do not know what the law states with regard to your UUW conviction and your ability to own a weapon. You would need to contact whomever issues the FOID for the requirements. "

So now i have to find someone who understands the law regarding FOID vs Felony convictions. What a ridiculous web.
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Old January 18, 2012, 07:56 PM   #12
Baylorattorney
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No. Your attorney didn't even help you with a NO. you are a felon for all intents and purposes. It can't be expunged, and a PARDON is your only avenue to achieve the results you are seeking. Otherwise, it is a resoundingly clear NO. Sorry.
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Old January 18, 2012, 08:00 PM   #13
checkmyswag
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Believe the Illinois State Police issue FOID cards.
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Old January 18, 2012, 08:07 PM   #14
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Sealing only protects privacy interests. Does nothing for you. Your Chicago attorney is clueless, as most are regarding gun laws. Even though it's really very simple. You being convicted of a felony are a "prohibited person". Expungement isn't an option for you. only a pardon from your governor will make you eligible again. Or you could get a job in law enforcement, no joke, since they created 4th degree felonies, nearly every employer has had to reconsider hiring "felons".
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Old January 18, 2012, 08:13 PM   #15
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(ain't a lawyer, and this is free advice so take it for what it's worth)

Get your civil rights restored!

Sealing your court records will do nothing in restoring your civil rights. Court proceedings are public record and all sealing does is make those records unavailable to the public. Records are sealed in cases where the information in the case/trial can be damaging to the plaintiff or defendant.

BTW, get a new lawyer!
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Old January 19, 2012, 12:00 AM   #16
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Law firm wants $7500 to attempt the pardon. At this point it makes more sense to unlawfully carry and use that $7500 to beat the case if im caught.
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Old January 19, 2012, 12:09 AM   #17
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I would be surprised if that would only be a $7500 defense bill; don't forget, you also need to factor in money lost to the bail bondsman, and wages lost while you are in court, and possibly in jail or prison.

Edit: To be clear, not only am I pointing out that getting caught carrying could cost you a whole lot of money and aggravation, but I will also say it is a bad idea to deliberately break the law... And a dumb idea to say, beforehand, that you would do so on an Internet forum.
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Old January 19, 2012, 12:22 AM   #18
Don V.
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I'm putting this up because I recently was given some guns because my father passed away and I'm currently going through the permit process. This is information I came across.

I almost "potentially" screwed up bad and have since learned that nobody is very forgiving when violating any of these rules\laws\statutes--I'm not sure what the differences are--. My potential mistake was getting ahead of myself and not knowing or taking the time to learn the rules. I wanted to get to the local range to shoot before transferring the permits into my name. Chances are nothing would have happened, but if something had, I probably never would have been allowed to own the guns. The officer told me that even though I would have had no malicious intent, it didn't mattter, no violation of gun laws is viewed as harmless or victimless. The officer was not at all friendly about any of this and it seemed harsh, but it is the way it is.

Federal - 18 USC §922(g) & (n)

Under indictment for or have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year

Fugitive of justice

Unlawful user of, or addicted to, any controlled substance (convicted, of possession within last year, multiple arrests for possession within the past five years if most recent arrest occurred within the past year, or positive drug test within last year)

Adjudicated as mental defective or been committed to any mental institution

Alien and is illegally or unlawfully in the U.S. (alien without permanent residence status)

Dishonorably discharged from the military

Formally renounced U.S. citizenship

Subject to a court order prohibiting harassing, stalking, or threatening of an intimate partner or child of such intimate partner or from engaging in other conduct that would place the partner or child in reasonable fear of bodily injury

Convicted in any court of a misdemeanor crime of domestic violence (does not have to be classified as a "domestic crime")

Under indictment for a crime punishable by imprisonment for a term exceeding one year

ETC. . . . .

Last edited by Don V.; January 19, 2012 at 12:38 AM.
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Old January 19, 2012, 12:31 AM   #19
Sealed
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@MLeake... Google "Sarcasm" and "tongue in cheek".

I am off to break into Oprahs checking account to cover my legal fees.
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Old January 19, 2012, 12:34 AM   #20
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"...bail bondsman..."

Yea...we don't have those here in IL... I think that's 2 things that make us stand out against the other 49.

and i would have to agree, if you consider 10 years of your life in prison worth $7500, yea go for it.
(sarcasm included)
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Old January 19, 2012, 01:22 AM   #21
Aguila Blanca
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Quote:
Originally Posted by Sealed
Law firm wants $7500 to attempt the pardon. At this point it makes more sense to unlawfully carry and use that $7500 to beat the case if im caught.
If you get busted, it will be for a lot more than unlawful carry for most residents of Illinois.You will also be charged with being a felon in possession of a firearm, and $7500 won't even be enough to get a decent attorney to your bail hearing.
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Old January 19, 2012, 01:36 AM   #22
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Quote:
Google "Sarcasm" and "tongue in cheek"
We don't need to. You asked a question. You were given an answer you don't like. Then you voiced an inclination (real or in jest) to break the law and subject yourself to even worse legal trouble. A friendly warning was given.

If you make progress on this issue, we'd like to hear about the process, but discussion of breaking the law will not be tolerated.
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Old January 19, 2012, 03:57 AM   #23
Baylorattorney
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It never makes more sense to break a carry law than to follow them. They are reasonable laws in every state i know of so far. I do not ever advise any man woman or child to risk further erosion of all of our liberties bc one prohibited person chooses to be judge jury and executioner. Don't do it.

You lost your rights. Now you need to accept that fact. Denial will cost you more than $7500 in money. Unless you know a whole lot of very influential people, a pardon is a pie in the sky. Get real. It is what it is. Accept it and move on. Find another past time or hobby. Guns are not in your future. I'm sorry, really am, but man up.
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Old January 19, 2012, 09:55 AM   #24
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WOW! You seem to be in a mess.

A friend handled his felony conviction by getting letters of charactor from people and organizations in his city. Basically the letters say "Mr. XYZ has been a member of this organization for XX years and during that time has worked with the youth sports organization. He is a morally upright citizen."
(and)
"I have know Mr. XYZ for XX years and have seen him mature in to a fine, upstanding citizen who is now a model for our youth to emulate."

Some things can not be rushed. Get a good lawyer pay your fees and work this case hard. Unfortunatly it will not be a fast process.

Sarcasm or not, saving that $7,500 for a lawyer to get you out of jail after the fact is both a waste of time and money. Why not do it upfront and hire the lawyer before you get caught? (Let us know how that works out.)

If you really want something, you have to earn it and work hard. It is a pain in the patukas sometimes, but well worth it.

I really think you could do it, if it is something you really want to work for. You are going to have to prove to who ever issues the pardon why you deserve it. (In Chicago it used to mean a large donation to the re-election campaign of the mayor , I am not sure about the State Govenor )

It took my friend about two years to get everything in order and his conviction was more than 20 years old. His case was in Conn. and was definately part of "Youthful Indiscretion".
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Old January 19, 2012, 10:52 AM   #25
Sealed
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@ Tom. I asked a question and got exactly the answers i was looking for. I specifically posted here looking for information from a variety of people with a variety of information and first hand knowledge. As it turns out... the PRO that i hired isn't much of a pro after all and its a good thing i took steps towards taking matters into my own hands. I guess i could have taken the advice of the first responder and simply relied on my lawyers advice but i am glad i stuck around for more responses.

I voiced a joke (pretty obvious to anyone in my opinion) and later stated that it was in fact a joke. For the record... the part about breaking into Oprahs checking account was a Joke also. If anyone didnt take it as a joke i apoligize. I want to put your fears and concerns to bed. It was a joke.

@ Uncle Buck... the good old days are over i think . Daley is gone and hopefully the new governor knows better.
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