Pistol permit references

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Ejb89

Inactive
I am applying for my pistol permit, but I have one concern. I have an arrest in my past that was resolved with an acd(adjournment in contemplation of dismissal). I understand that I have to disclose this arrest when submitting my application. None of my references are aware that this ever happened because my family chose to keep it to ourselves. My question is, when my references are contacted will this arrest come up in their interview? Thanks for your responses.
 
You might want to mention what state you're in. I don't even know what you mean by references and interviews.
 
What is the time limit six months or a year since the ACD was instated? What state do you live in? Was the ACD for a Marijuana arrest? Generally speaking, local law enforcement will retain a copy of the arrest record by default, (which could cause some problems) unless explicitly expunged.
 
I'm not sure if your talking about the background check for buying a pistol or a CCW permit? I assume with your mention of references it is a CCW. I'm an old meat head that still reads the 2nd Amendment without infringement. My opinion is not going to direct toward any application, but an explanation should go far. I would state in parenthesis what you stated on your post revealing to them the dismissal and further your chances of a CCW.
 
I applied about 3 weeks ago and my references haven't been contacted. My cpl class teachers said a lot of students use them for references and after years of this they've yet to be called. This is in Michigan, I don't know if other states do more digging.
 
I apologize, I live in Erie county, NY. The arrest happened in a different town than which I live. It was three years ago and the acd was for a year. Yes, it was marijuana possession.
 
Ejb89
If my memory serves, your application informed you that your references must be made aware of "past dealings with the legal system".
That being said, whether they are asked is solely up to the person doing the interviews. They may simply get a letter asking them what they think of you and if they are aware of your past situation. In order to play it safe, I think if it was me I would tell them about it.
If that changes their mind about your suitibility of getting the permit, you lose.
If the S.O. finds out that you didn't tell them, you lose.
The only way you can win is to be honest with the folks you have asked, and hope that they will not think less of you. Make certain that you tell them that you have never been convicted of anything, and the charges were dismissed.
Good Luck
 
Thanks YD, I think that may be the best option. Also, I am 21 years old, would it be more beneficial for me to choose references that are 25-40 years my senior (parents that knew me growing up) or references that are my peers? Appreciate it.
 
NY makes it purposely hard for you to get a handgun. That said, I wouldn't expect the authorities to offer your arrest record up to anyone. Your arrest is a matter of public record, but they won't mention it.
 
Ejb89
Can't use a Cop, Judge, relative, or any elected official.
Try for Clergy, teacher, business people, and people who have known you the longest.
Hope this helps
 
I am intimately farmiliar with the pistol permit process in NY. On your reference forms, there is a yes/no question that states if the applicant has disclosed his arrest with the reference.

I have never gotten a call as a reference, nor none of my references have ever been called. This does not mean that they wont call. Its up to you. I also had an arrest for a fake ID in college that was ACD after 6 months. I had to get the letter of dispostion from the court and everything had to be disclosed to the pistol permit office. Even though an ACD is a sealed file, it still has to be disclosed.

If it were me, I would tell your references about your arrest, but not necesarily what it was for. Im quite sure that whoever may call your references would not be allowed to talk about the details of your arrest.

Good Luck!!
-George
 
I am not a lawyer and I don't live in NY state, so forgive me if I ask a seemingly dumb question. (Well, okay, maybe it IS a dumb question.)

Unless NY is different from other states, only convictions need to be reported. If your case was "resolved with an acd (adjournment in contemplation of dismissal)" and the period was to be one year, and that was three years ago --- hasn't the charge been dismissed? If it has been dismissed, it is not a conviction.

What -- exactly -- does the question on the application ask? I think you should be asking an actual NY attorney, not us Internet Rambos from other states.
 
Unless NY is different from other states, only convictions need to be reported.
Click to expand...

At the risk of going off-topic, I know that here in Louisiana, you have to report all arrests, regardless of conviction. If one's missing, it's grounds for denial, and you have to reapply.

And now to get back on-topic, I looked up the NY form (PPB-3) for pistol permits, and it says:

HAVE YOU EVER BEEN ARRESTED, SUMMONED, CHARGED OR INDICTED ANYWHERE FOR ANY OFFENSE, INCLUDING DWI (EXCEPT TRAFFIC INFRACTIONS)?
Click to expand...
 
You have to disclose everything, as mentioned in the prior post. I was informed that failure to do so is an automatic no to the permit. I was advised even sealed juvenile records not disclosed can cause a rejection. It's not fair, what was the point of sealing it, but that's what it is. It might be wise for the original poster to hold off a little while on applying. The longer the time that passes from a "problem" the better. NY is very strange, the application process varies from county to county, and issuance of a permit, in most counties, is up to the sole discretion of a judge. I believe there are counties on Long Island where it is the police department decision. There are rumors of a suit in NY saying current practice violates the constitution, as there is obviously not uniform application of the law.
As far as references go, the better known and respected the reference, the better for you. So yes, school teachers, Doctors, politicians etc can give you an edge. Disclosing to them your violation may (and I only say may) not be necessary, but is probably advisable. Most people, if they think anything of you, would forgive a youthful indiscretion like this.
 
Let me understand....
If one is arrested and there is no conviction because there was no ground to the arrest in the first issue...
Say, I am arrested because I am carrying with me some Oregano for the Caprese salad (Hey, I am Italian and I can't stand a caprese without this key ingredient). The cop knows nothing about it and "just in case" arrests me for marijuana possession. Then the desk sergeant is Italian and knows about oregano and sends me home....

I have this on my record?

K.
 
When I got my permit in Fulton county NY my references all received a standard form letter with some check boxes asking some basic questions. There was nothing on the form about my background other than how it related to them. e.g. How long had they known me, how did they know me, was I responsible person, etc. It took all of 5 minutes for them to fill it out. Let the people you list know to expect the letter. You want to check with them to make sure they get them and mail them back ASAP. Your application will not move forward until they are all received.

If the people don't know about the incident I wouldn't go tell them. The incident is known to the issuing Judge so if there is a reason why it should be used to prevent issuing you the permit that's where it comes into play. If there were a conviction it would be different and I might recommend mentioning it to them but that's not the case here.

I think Erie county is pretty CCW friendly like most of upstate NY.
 
Thanks guys I really appreciate it. Yes, if you are arrested but the case is dismissed(charged but not convicted) it is not shown on most background checks. It is sealed in your record. NY however, requires you to list all arrests regardless of the outcome of the case. On a different note, anyone gone through the permit process in orchard park/Erie NY? If so, how long did the whole process take? Thanks again.
 
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