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CCW Application

swjr

Regular Member
Joined
Jun 18, 2008
Messages
104
Location
UT, ,
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I'm looking into getting my ccw - the utah ccw application asks:

"ALL APPLICANTS: Please answer “Yes” or “No” to all questions below. A complete criminal background check will be conducted including
expunged and juvenile court records."

http://publicsafety.utah.gov/bci/documents/ccwapp.pdf

Is that legal to include expunged and juvenile court records? I'm under the impression once a record is sealed or expunged it is as if it never existed. It sounds like they are saying they are running a search to include records --- that don't exist?

Any clarification would be helpful.

Thanks!
 

swillden

Regular Member
Joined
Dec 9, 2007
Messages
1,189
Location
Firestone, Colorado
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Unfortunately, expunged doesn't mean erased. Expunged records are kept, they're just generally not accessible -- unless the legislature says they are. In this case, they have said the BCI can look at expunged records.

Answer the questions as honestly as you can. If there's some ancient issue in your record, the BCI won't hold it against you. They have some rules about how old different kinds of things have to be -- call or e-mail to ask about your specific situation if you want to find out before giving them money.

However, if you omit something important, even from a long time ago, and they find it they will hold that against you.
 

swjr

Regular Member
Joined
Jun 18, 2008
Messages
104
Location
UT, ,
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Okay, thanks for the response and information. It doesn't specify sealed - is this to be expected to be included, or is this a completely different type of record?
 

swillden

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Joined
Dec 9, 2007
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Firestone, Colorado
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I don't know, but I think "sealed" is less hidden than "expunged".

Your best bet is to call or e-mail the BCI, explain what's in your record, and ask them if it'll cause a problem and how to address it in your application.

FYI, I have a misdemeanor on my record that falls under the "moral turpitude" clause of the reasons to deny a CCW permit. I e-mailed and got a very nice response back saying that since it happened years ago, it wasn't a problem and that unless there was something else, my permit would be approved.

It was.
 

swjr

Regular Member
Joined
Jun 18, 2008
Messages
104
Location
UT, ,
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Thank you, i will contact them as suggested. I don't have anything too serious, so Im sure ill be fine.
 

GeneticsDave

Regular Member
Joined
Oct 24, 2007
Messages
472
Location
Bountiful, Utah, , USA
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If there is anything in your past, make sure to write down an explanation of what happened and why, and that it has been expunged (whatever). If you are honest with your replies and information, you are more likely to be approved.

Not that you have anything in your past, but that's what they want.
 
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