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Thread: Legal question for ya

  1. #1
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    Legal question for ya

    Hello all. I have been checking this forum out for a few weeks now and finally decided to register. Quick intro about me. I have lived in Spokane all my life. I'm 22, married w/ 2 kids. I am a Manufacturing Engineer Tech at a company called Hotstart Mfg. out in the valley.

    Anyways my question is, I got in some trouble when i was 16-17. Got arrested and convicted of what would be felonies if I were an adult, but I believe federal law says Minors can not be felons, just adjudicated Youth or something. I was given deferred disposition and completed that with out any issues. I have not been convicted of a crime since. I went in on Friday to get my record sealed/destroyed depending on what the judge decides. My question is do I have to get my gun rights restored or are they still valid now? I will probably just go apply for a CPL and if thats goes through I will know I'm good. I wasn't tried in an adult court or anything. I just hope'd there would be a lawyer on here that might know a definite answer.

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    Regular Member j2l3's Avatar
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    I am not a lawyer (IANAL) but I have stayed in Holiday Inn Express before.

    Having said that, check this url http://watch.wsp.wa.gov/ , For $10.00 you can check your own criminal history (or anyone elses for that matter) and see what the police would get by way of convictions.
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    Regular Member SnarlyWino's Avatar
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    Quote Originally Posted by alexm963 View Post
    Hello all. I have been checking this forum out for a few weeks now and finally decided to register. Quick intro about me. I have lived in Spokane all my life. I'm 22, married w/ 2 kids. I am a Manufacturing Engineer Tech at a company called Hotstart Mfg. out in the valley.
    Alex,

    Welcome to OCDO and greetings from Spokane. We meet fairly regularly here and would love you to join us next time. http://forum.opencarry.org/forums/sh...turday-Spokane

    Back to topic...sorry, I would have no idea.
    Keep Calm and Carry On,

    Snarly

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    Regular Member joejoejoe's Avatar
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    Quote Originally Posted by j2l3 View Post
    I am not a lawyer (IANAL) but I have stayed in Holiday Inn Express before.

    Having said that, check this url http://watch.wsp.wa.gov/ , For $10.00 you can check your own criminal history (or anyone elses for that matter) and see what the police would get by way of convictions.
    HA!

    Also, you can try and purchase a gun from a gun shop and they will run a background check on you. I do not think there is a fee (At least there wasn't when I got a gun, but I did have my CPL). They gun shop background check is a 3-5 day wait period, but it is faster than trying to get your CPL and wait 30 days. You can also do the 10 dollar check, but I would probably go with one of my options because you will ultimately have to anyways when you get your gun or your CPL.

    RCW 9.41.045 talks about possession rights: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.045

    Since I don't know the details of your past, I would recommend you spend some time seeing if you fall under any of those "supervisions."

    I think the best way to find out would be to go spend 55 dollars to pick up your CPL and wait 30 days. If you pass that, you must be golden.

    Joe~

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    Thank you all for the warm welcome. I will probably just apply for the CPL after I get the conformation that my record has been sealed or destroyed. Hopefully destroyed.

    Snarly, I would love to meet up with you guys sometime. I will put a reminder in my phone for the molly's meet up and try to make it.

  6. #6
    Regular Member joejoejoe's Avatar
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    Ignore that previous RCW. Check out RCW 9.41.040: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040

    (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

    Anyways, look around on there... but yeah, I think you will get it done easier if you just register for your CPL.

    Joe~

  7. #7
    Regular Member SnarlyWino's Avatar
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    Hope to see you there. Don't forget to add the Gun show to your calendar as well Nov. 5-7 at the Spokane interstate fairgrounds. We will have a table set up there, stop buy and see us if you can.
    Keep Calm and Carry On,

    Snarly

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    I will do that too. I went to the last one a few weeks ago, but didn't know of the forum then.

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    Regular Member j2l3's Avatar
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    The money for the CPL is non-refundable. If you don't qualify, you don't get your money back. If it were me, I would want to know the possibilities before I gave them my money. Just my .02 worth.
    Last edited by j2l3; 10-17-2010 at 10:59 PM.
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    I know its non refundable but it's the only sure way. I don't think the $10 background check is the same as the one the police do for the CPL. And I'm sure a lawyer would want more than $55 to give me a definite answer on this. So unless a lawyer the frequents this forum wants to give me one pro bono it's the only way I can be certain.

  11. #11
    Regular Member jt59's Avatar
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    Quote Originally Posted by alexm963 View Post
    Hello all. I have been checking this forum out for a few weeks now and finally decided to register. Quick intro about me. I have lived in Spokane all my life. I'm 22, married w/ 2 kids. I am a Manufacturing Engineer Tech at a company called Hotstart Mfg. out in the valley.

    Anyways my question is, I got in some trouble when i was 16-17. Got arrested and convicted of what would be felonies if I were an adult, but I believe federal law says Minors can not be felons, just adjudicated Youth or something. I was given deferred disposition and completed that with out any issues. I have not been convicted of a crime since. I went in on Friday to get my record sealed/destroyed depending on what the judge decides. My question is do I have to get my gun rights restored or are they still valid now? I will probably just go apply for a CPL and if thats goes through I will know I'm good. I wasn't tried in an adult court or anything. I just hope'd there would be a lawyer on here that might know a definite answer.
    Welcome to the boards...

    This is such an important issue, I cannot imagine that you would not want to spend the couple of hundred bucks that it may take to have your case legally reviewed by a competent attny' for you to understand the specifics of what is going to happen when you appear and review of any options you may want to avail yourself of...to include him going to court with you....$55.00??? take a close look at his sheepskin!

    These are questions that you should ask him/her....so that you know what your dealing with. On the greater issue of getting your gun ownership rights restored, understanding the difference between getting records "sealed" vs "expunged" are important for any other potential legal issues/rights that you may face as an adult, and for the rest of your life....

    You can go the cheap route, and spend 10 bucks to see if there is a record, you can go the cheaper route and try to purchase and see what comes out, but if in the end, the outcome is not what you want, you may have to go to court again anyway....

    You have a perfect moment of opportunity to get this question in front of the bench, with your attorney in tow....as to why you should get all your rights restored for having met the conditions set out in your earlier trial as a minor.

    I assume your voting rights are not impinged.....right?
    Last edited by jt59; 10-18-2010 at 02:47 PM.
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    Quote Originally Posted by joejoejoe View Post
    Also, you can try and purchase a gun from a gun shop and they will run a background check on you. I do not think there is a fee (At least there wasn't when I got a gun, but I did have my CPL).
    Many gun shops have you 'cash-out' on the gun BEFORE they run the background check, not pay for the gun once everything clears (it saves them from having people back-out of sales during the waiting period). Also, if you don't pass, some will keep 10% or $50 (or whatever) as a re-stocking fee and for their trouble.

    I'd just go ahead and apply for your CPL, if you get it, no harm no foul, if they deny it, then you have something to fight with the assistance of an attorney.

    Good luck, and welcome to the board!

    -G20

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    I would think you could go to the local county Sheriff and ask them to run you... they should be able to tell pretty easily if you have a felony record.

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    Quote Originally Posted by NavyLT View Post
    Or just open carry at Starbucks in Spanaway during LEO coffee break. They are itching to check folks out there!
    +1 11:30 - 12:00 is a good time for this stop to take place. Simply sit and enjoy your coffee, they will seek you out.

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    Regular Member HvyMtl's Avatar
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    About asking the Sheriff to run your info to see if there is a felony or blocking misdemeanor on your record... Well, if you do this be prepared, as it might be something which has just popped up, and there might be a remote possibility you could get arrested right there...

    Note: This is not saying you are a criminal. Far from it. What I am saying is: There might be a records mix up and you might have to stay a while to get it fixed...
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    Being the father of a young man who had a deferred disposition: What did the judge tell you at the time? In my son's case, once he completed the deferred disposition, the case was sealed and he can say that he was NOT convicted. There will be no record of any conviction, and in the eyes of the law, there is no conviction.

    What did the PO that you had during the deferral tell you? I can't imagine that they didn't tell you anything about this at the time... Of course, we did ask specifically about fire arms restrictions after the deferral was over, so maybe it was because we asked specific questions....

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    My Two Cents

    As far as I can find with my research your deferred judgement saved your ass. After you completed the terms of it you have available to you the option to have your record expunged at any time after that. This will remove it from your record and you should have no worries. This is all assuming that your firearm rights were not permanently removed and were eligible to be restored.

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    Regular Member mparramore's Avatar
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    You have to let the juvenile courts know that you want to get your records removed. (It is sealed not expunged) You have to let all the arresting and prosecuting agencies know also. Go to the juvenile courts clerks office 1st. They will let you know what you have to do. If you have any felony's, you cannot get a cc license. The whole process takes a few months. If you want more info let me know.
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    I have gone down to the Juvenile Court. I paid $100 to have them do all the notifications. They said in the next few weeks my motion to seal will go to a judge and based on the charge/conviction it will either sealed or destroyed. I am hoping for destroyed obviously, and since it was only one incident and I completed the deferred agreement I think it will have a good chance at being destroyed. After I get the notice saying it is officially done I am going to apply for my concealed. If I get it all will be well in the world and the streets will be a safer place, or more dangerous if you're one of the anti nutjobs. If it doesn't go through I will look into my options to get my rights restored. I want to thank you all for your responses.

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    Get your records sealed .... then apply for the CPL .... if after that you run into trouble GET A LAWYER

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    Yes, that is exactly what I am doing.

  22. #22
    Regular Member mparramore's Avatar
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    This is a very smart thing to do....After you get your records sealed or destroyed, take the original papers that the judge stamped when you go get your CPL. I waited a few days to make sure that it was off my records, then I went to apply for my CPL. Sure enough, it was still there. ( I went to Snohomish Sheriffs office in Everett) The officer told me that I could not get my CPL because I had priors. I pulled out my paper work that the judge signed. He looked at it and took it to his supervisor. A few minutes later he came back and said that it was a good idea that I brought the paperwork in and I was ok to get my CPL. The reason that it came up on the system was that WSP had not put it into the system yet. I sent the copies to WSP certified (making sure it got there) the same day I left the Juvenile court. It took 4 days for WSP to put it into the system.
    I called WSP and asked them when it would go through..well it happened to be the same day that I called them. It just had to go through the process.
    Just to make sure that I was out of the system, I did a background check on myself and it was gone.
    IMHO, It never hurts to take the paperwork in.

    LOL...the day I went to court to get my records sealed was 23 years from when I was arrested. When I went before the Judge, she looked at the paperwork and then looked up at me and chuckled and asked me if I felt old. Weird to go to a Juvy court as an adult trying to get his life back together.
    This is my safety

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    Good call on bringing the papers with. I had not thought about that. It's nice to get some advice from someone that's been through the process. That makes me a lot more confident.

  24. #24
    Regular Member Lammo's Avatar
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    Quote Originally Posted by daddy4count View Post
    I would think you could go to the local county Sheriff and ask them to run you... they should be able to tell pretty easily if you have a felony record.
    Or you could ask a Spokane County Deputy Prosecutor to take a look at the records and see what they have to say. Not that there's one of those hanging around in here . . . oh, wait, I almost forgot . . . that's me! PM me with your details and with your permission I can take a look and see what's there.

    PS - - welcome aboard.
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    Regular Member amlevin's Avatar
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    Quote Originally Posted by G20-IWB24/7 View Post
    Many gun shops have you 'cash-out' on the gun BEFORE they run the background check, not pay for the gun once everything clears (it saves them from having people back-out of sales during the waiting period). Also, if you don't pass, some will keep 10% or $50 (or whatever) as a re-stocking fee and for their trouble.
    None of the Shops I have purchased firearms from have ever pulled this on me. They all had me fill out the paperwork, ran it, came back with the approval, and THEN rang up the sale. I don't think I'd be doing any business with a shop that kept any money from ANYONE just because they were not approved. Even if the firearm was "special order" they should be doing the check before ordering. Sounds like a "shady" business practice to me and they certainly don't deserve any business from the law abiding public.
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