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Author Topic: Opinions please - permit application question.  (Read 405 times)

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Offline Jake

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Opinions please - permit application question.
« on: February 16, 2017, 10:55:59 PM »

I was asked this question by a student.  Apparently they were the subject of a restraining order and some other relatively minor charge several years ago.  She presents this as "a stupid thing that happened when I was younger".  She completed accelerated rehabilitation (AR) successfully and there are no records of what ever it is that happened.  She was nonspecific as to what ever the charges were, but from what I gather it sounds like a misdemeanor breach of peace sort of thing.   And there was the restraining order.  She wants to know if she should answer yes to that question since she completed AR.

My opinion is that she should be honest about the restraining order on her application because even if there is no court record due to the AR, since she is applying in  the town where this occurred, I suspect that the police may have internal records of the event and the restraining order.

I did refer her to Ralph Sherman to get an opinion from him.

Why do you all think?  Any lawyers here want to opine?

TIA


« Last Edit: February 17, 2017, 10:33:15 PM by Jake »


"Laws that forbid the carrying of arms… disarm only those who are neither inclined nor determined to commit crimes… "  Cesare Beccaria 1764

Online Joe T

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Re: Opinions please - permit application question.
« Reply #1 on: February 17, 2017, 08:18:21 AM »
dupe...double tap
« Last Edit: February 17, 2017, 08:22:05 AM by Joe T »

Online Joe T

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Re: Opinions please - permit application question.
« Reply #2 on: February 17, 2017, 08:20:42 AM »

I'm not a lawyer... and it wasn't in CT or a restraining order, but I also have an AR in my history.  when I applied the first time in Massachusetts, I answered "yes" to the question of have I ever been.... (I forget the wording)

Mass is a "may issue" state with the CoP having discretion.  A desk sgt in my town handles the process and I was called and asked to come in to meet with the chief. Long story short

even though it was "sealed" and officially there was no record... They found it and they wondered if I was going to list the arrest. It's worthy to note that it happened 500 miles away in another state 6 years earlier.   Chief and I talked for a while he asked me about it (even though he said legally I could not answer, but he could also not approve me for whatever reason)

2 hours later there was a message on my answering machine (remember those) that my permit was ready for pick up


Moral of the story, even with no record, there's still a record
« Last Edit: February 17, 2017, 08:21:29 AM by Joe T »

Online K. Soze

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Re: Opinions please - permit application question.
« Reply #3 on: February 17, 2017, 09:40:40 AM »
To me this is a simple answer.

Do not admit to anything that you are not obligated to under the law. AR cases are to be "Upon dismissal, all records of such charges shall be erased pursuant to section 54-142a. "

If they are not erased then you need to do your due diligence in contacting those agencies to make sure they are following the law.

I know of at least several departments in CT who take the erasure statutes very seriously as a mistep can open up the town/city to lawsuits.

I cant comment on your students particulars or the restraining order, but i would advise her to contact her attorney who handled her cases, run her own criminal background checks prior to applying, etc..

Online obewan

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Re: Opinions please - permit application question.
« Reply #4 on: February 17, 2017, 10:04:09 AM »
After watching the BPFE hearings for a while I have noticed the people have more issues from NOT reporting something.

Online K. Soze

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Re: Opinions please - permit application question.
« Reply #5 on: February 17, 2017, 10:50:19 AM »
I should add that what cannot be erased are newspaper articles and peoples memories, if there was any exposure in this regard.

Still i would never admit to anything by writing it on a peice of paper and signing my name. THAT record does not NEED to be erased.

Offline Leon82

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Re: Opinions please - permit application question.
« Reply #6 on: February 20, 2017, 12:05:12 PM »
The application references the statutes which apply to pardons and diversionary programs