Legal question for ya

Yes, that is exactly what I am doing.

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.

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.

daddy4count said:

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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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.

G20-IWB24/7 said:

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.

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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.

Lammo said:

...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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That was a very generous offer, Lammo! Well done! :banana:

HOLY UPDATE BATMAN!

So here's how all of this turned out now that I got off my a$$ and got something done.

3/14 - I went to the county clerks office to obtain certified copies showing I had completed the terms of my sentence. Gave them the case # and they said they were sealed and could not be opened without a court order. Then told me to I might be able to get copies at the juvenile court because it was a juvenile case. So I went over to the juvy clerk and told them the deal. They said no, you can't do that without a court order, but said that my copy of the sealing order should be good enough. Went back to county clerk and told them that, lady went and talked to her supervisor and then came back with the name of a prosecutor and said he should be able to access my case files. Then told me he worked next door in the public safety building. Went over there and found out the prosecutors have 5 offices and he didn't work in that one. Called him and he said don't bother getting the copies, just file the petition. Went back to clerks office, they were on lunch...:banghead: Went to subway, ate, went back to clerks office and filed petition and got copies($230). Then took copies to Presiding Judicial Assistant and set hearing date for 3/30 at 9 am. Took copy of petition and note for hearing to prosecutors office and got stamps. Then took Note for hearing to clerk and filed that.

3/30 - Went to court room and waited for judge to appear. Man came in and asked for me, went out in the hall with him. He was a prosecutor, asked what I did, why I did it, how I got caught, if I've done anything since, then somewhat reluctantly signed the certificate, went back in court room and had judge sign it also. We walked to the clerks office and filed it and got certified copies($15). He told me to keep one on myself if I want to buy a gun or carry one because it won't be in the system that my rights are restored for a while. And specifically told me I could go to the gun show and buy a gun. Went to police records office and gave them a copy and they told me not to buy a gun I need to mail off one more copy to WSP and then call and verify its in the system before I apply for a concealed permit.

Anyways I think I will believe the prosecutor with the law degree and not the lady behind the glass in the police office. All in all in was a PITA but I got it done and am now legally allowed to purchase and carry a firearm!:banana: I want to thank Lammo for the original help and getting me pointed in the right direction. If only the people in the clerks office knew what they were talking about it would have been totally painless. If anyone has any questions about the process send me a PM and I can tell you what I know.

alexm963 said:

sealed or destroyed. Hopefully destroyed.

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Sadly, the only options are sealed and expunged. There is no destroyed. No matter what they call it, records never go away.

Thanks for the update.

And specifically told me I could go to the gun show and buy a gun.

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Well that would be up to the gun show and not the prosecutor. At a gun show there are usually two options. Option 1; buy from a licensed FFL dealer who will run a background check via NICS. That will produce your prohibited status until it is cleared. Option 2; buy from a private party. Depending on how the gun show is ran this may also require a membership based on a NICS background check as well. Otherwise buying from a private party, whether at a gun show or not will be up to the private seller. Some ask for your WA driver's license and your CPL and others just your WA driver's license.

alexm963 said:

I need to mail off one more copy to WSP and then call and verify its in the system before I apply for a concealed permit.

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This may end up being PITA 2.0 for you. Just because the papers are signed doesn't mean they will get into the system in a timely manner. You may have to keep on it for a while until it shows up on any check right of way. Otherwise you'll be hit with delays on any FFL transactions. YMMV on private transactions.

The law is RCW 9.41.045 and 047...read it and make sure you have done everything necessary.

When your judge says it's gone, BY Law, the clerk has 72 hours to get that information to th WSP and the NICS. Wait a week, you should be good.

Great job on restoring your rights!