Criminal Record Sealed - Can i get a FOID card?

Scimmia -- thank you. I stand corrected.

Baylorattorney -- what's your beef? A pardon does not take place within the court system. The OP asked how he might be able to obtain an FOID and buy gun. Collectively, we have (correctly, I believe) informed him that the options are (a) expungement, and (b) pardon.

I don't think anyone has misrepresented that either option would be easy, or likely to succeed.
 
Where the 4473 asks if you have ever been convicted of a felony, I think you still have to answer "yes,"
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You must answer yes there is a place you can enter conviction pardoned or as in my buds case conviction was set aside by a federal judge and attach the correct documents, the lawyer for the dept will look it over just to make sure it si OK then you should get a card. My bud has a CCP now in his possesion. The dept that reports his felony has to be notified so they will not report to nics if a call is made during a purchase. All legal, cost was a bit he had to find the right lawyer could work this out. It can be done, dont give up yet.
 
Applicants who have been convicted of a felony are ineligible to receive a FOID card. However, an appeal procedure is available in accordance with 430 ILCS 65/10. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.



Waste not want not. :)
 
I don't have a "beef". I was just talking real world options. Pardons aren't handed out like bumper stickers so likely isn't a real option. Expungement isn't even an option, so you haven't correctly stated the OPs options. One visit to the state's (Il) website regarding FOID will show there is an appeals process, which seems to be the most viable real world option for the OP and I don't think it was mentioned until now.


Waste not want not. :)
 
I have served on a public board that heard cases of people who violated certain licensing laws in our state.
Might be opening yourself to a perjury charge if you answered 'No'
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True.
We often heard as an excuse, "The records were sealed/expunged or it happened before I was 17 years old, etc., etc....."
No matter. Answering "no" is a lie and often is perjury.
Whether sealed or expunged often makes no difference. This area of law is constantly changing in states and by the Feds.
Plus court records are often (almost always) obtained by private firms and the FBI before any sealing or expungement is ordered. Those records remain forever.
Our agency had authority to search FBI records and, invariably, those arrests and convictions were discovered.
There are consequences for commiting crimes and those consequences will follow you to the grave.
 
Not a lawyer, but it would seem to me that following the instructions on the (or for the ) form is the correct way to proceed. AND be capable of producing proof that you are pardoned/expunged/set aside, when needed.

Again, you should have a good firearms law lawyer advise you on the correct manner of proceeding. Not sure how to find one of those, but contacting you state rifle & pistol association/NRA might be a good start. Also look for a firm that advertises their expertise in firearms law. And don't expect them to be cheap.

Sadly, the only cheap leagal advice that's worth what you pay for it is the free kind you get on the forum. The lawyer you used before did not serve your interests. Based on what you reported, I would consider them to have ripped you off.

If you're not an NRA member, join. Other than getting asked for donations (alot:D) there's no real downside, and being a member can be beneficial in many ways.

Clearly you were a "bad boy" in your youth, it will be an uphill (and expensive) battle to "proove" you have changed, and changed permanently for the better. I wish you well, and hope you have the ability to both afford and endure the process. Don't give up hope.

Also, please note that it is very difficult for us to recognize sarcasm in posts, even when you include the emoticon faces. And we are very sensitive to anyone even remotely appearing to advocate ANY illegal action. Adding a note clearly stating a statement is sarcasm is about the only way to be sure of not being misunderstood.
 
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