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Author Topic: Disclosing arrest history  (Read 683 times)

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Offline tunaprime

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Disclosing arrest history
« on: February 15, 2019, 08:31:46 PM »

Hi All. I was arrested at the age of 15 for possession of marijuana for sale. I was never charged and the case was dropped before my hearing by the DA, as the evidence used to arrest me was attributed to the wrong person. If I inquire with Multnomah County (Portland, OR) Superior Court, which has jurisdiction over the location of my arrest, no arrest records exist. The case number isn't even found on their online system.

I even applied for Global Entry and an Oregon CCW permit but the arrest didn’t show up in any of the background checks but I did disclose them. For Global Entry, they call you for an interview after determining eligibility based on a background check. At the interview, the agent said that everything checks out but asked for any drug related arrests. Knowing that I have to disclose all arrests, even convictions that are sealed, I disclosed the arrest to the agent but he confirmed that he didn't see anything in his "system" but asked me to provide some sort of evidence of the disposition. Same thing happened when I applied for my OR CCW. To this day, the only thing I have to "prove" the outcome of the arrest or the fact that I was arrested is a simple letter from the DA's office 2 decades ago noting that they will not pursue the case against me. If I do a search or make a formal request for my arrest history with the county, nothing is returned.

Fast forward a couple of years later and I’m applying for a pistol permit in CT as a new resident of CT. The application states that I must disclose all arrests unless I can swear under oath that I’ve never been arrested. In this case, can I answer that I’ve never been arrested?



Offline FirefighterCT

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Re: Disclosing arrest history
« Reply #1 on: February 15, 2019, 08:51:06 PM »
You were arrested, so the correct answer is disclosure.

You were also not charged, so you were never guilty.

Don't fabricate a lie around the truth.
« Last Edit: February 15, 2019, 08:51:30 PM by FirefighterCT »

Online speedway

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Re: Disclosing arrest history
« Reply #2 on: February 15, 2019, 09:08:26 PM »
Contact a lawyer like Ralph Sherman.

Not the internet.
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Online Flatulence

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Re: Disclosing arrest history
« Reply #3 on: February 15, 2019, 10:05:52 PM »
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Contact a lawyer like Ralph Sherman.

Not the internet.

Or Greg Miller, anything but the internet.
Fairfield County Firearms & Archery LLC 01, 07, 08 FFL
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Offline Charlescann89

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Re: Disclosing arrest history
« Reply #4 on: February 15, 2019, 11:40:33 PM »
I personally would disclose it, my brother in law was arrested a few times for violence related things, never convicted, etc, he got his permit no issues.

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Online imahangtia

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Re: Disclosing arrest history
« Reply #5 on: February 16, 2019, 12:09:53 AM »
I have seen a number of Board of Firearm Permit Examiners hearings where the people applying had been denied for saying on the application they had not been arrested.  During their hearings they would say their arrest records had been erased, so they thought they should not say they had been arrested.



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Online kmanoni

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Re: Disclosing arrest history
« Reply #6 on: February 16, 2019, 07:30:55 AM »
I would pay the money to request a DPS criminal history report on yourself.  Photocopy it and include it with your application.  List everything that is on the report. 

I was denied by north haven for not disclosing an arrest that I had actually forgotten about when I was 17.  AR for shoplifting.   I included an arrest that was not on my report, no charges ever filed.   North Haven denied me and I waited 2 years for the board of examiners.   Within that time I moved from north haven to Wolcott.  When my case was called, north haven PD didn’t appear at my hearing because I was no longer in their jurisdiction.   The board told me to re-apply with wolcott. 

Online 2ndamendment45

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Re: Disclosing arrest history
« Reply #7 on: February 16, 2019, 08:01:49 AM »

(I am not giving advice, want to know if I am misinformed)
I thought arrests and convictions of minors are expunged from records when reaching adulthood.

Online richief

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Re: Disclosing arrest history
« Reply #8 on: February 16, 2019, 08:36:03 AM »
Go to the fbi website and do your own background report, if its not on there it wont be anywhere, except maybe a military report, those guys resources are amazing (had every parking ticket i ever got). Even so, enclose a letter with the aplication, saying you were arrested as a juvenile and dismissed.
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Online K. Soze

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Re: Disclosing arrest history
« Reply #9 on: February 16, 2019, 01:17:31 PM »
Read the specific statutes. There are exemptions on the application.

Likewise do some research on your situation in OR... there may likely be statutes which dont consider your arrest an arrest.

Just because you were placed in handcuffs doesnt mean youve been arrested, after the fact.

I would personally *never* disclose an arrest that i was unsure about. But i also wouldnt not disclose it unless i was sure it wasnt deemed an arrest under the letter of the law. I just wouldnt apply until i was sure.

Personally i think the wording in the application is pretty clear.

« Last Edit: February 16, 2019, 01:22:15 PM by K. Soze »

Online MikeScouter

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Re: Disclosing arrest history
« Reply #10 on: February 16, 2019, 04:04:19 PM »
This same thing jammed me up about 10 years ago when I was applying for my permit. I wasn’t sure how I should fill the application out. My arrest had been erased and I was unable to find any record of the arrest. I did consult with a lawyer to ensure that I filled out the application properly. In the end I didn’t need to disclose the arrest.

You should contact a lawyer for legal advice pertaining to your arrest.