celticredneck
Regular Member
imported post
Around the first Monday in June, I applied for a CCW in my home county of Amelia. About 3 weeks later, I received a call froma county investigator, named MacDonald. He stated that I had made a mis-statement on my application. When I asked what he meant, he stated that I had a conviction on a firearms brandishing chare back in 1974. I remember the incident, and I was arrested for this, but the way I remembered it I was not convicted the charge was Nul Proced(not sure of spelling). If anyone here wants details of the incident I'll post everything I remember later. Anyhow, Inspector MacDonald was rather vague about this and when I asked if this would keep me from getting a permit, he stated only that I should go to the clerk's office in petersburg, where the incident happened and ask for the :disposition in my case. Accordingly, after voluntarily withdrawing my application, I called the Petersburg Clerk's office to ask who I would have to see to obtain this information. I was told that they do not keep records more than 10 years and I would have to contact the Va State police to get this information. One week ago, I submitted a Criminal records check on myself. Yesterday, it came back with the "no conviction Data-does not preclude an arrest record" box checked.Yesterday, I tried twice to contact Inspector MacDonald to ask where he got his information, and how I could obtain it for myself. In my calls, I was very polite and made it clear that I was concerned about this because, since the Virginia Aplication only asks about misdemeanor convictions within the last 5 years, and only a felony conviction from 34 years ago would be required to be listed. So far they have not returned my calls. This morning, I sent out two emails. The first to the VCDL detailing what has happened so far and the second to the Va State Police Criminal Records division asking 3 questions. The first, would a conviction from 34 years ago show up on a background check. Second, What does "no conviction Data...." mean, and last, Does Inspector MacDonald have access to a dadt base concerning me which I can not access. I received the following back from the Va State Police:
From: "Taylor, Stanley E." <Stanley.Taylor@vsp.virginia.gov> Add sender to Contacts To: jaf_deg6@yahoo.com if (typeof YAHOO == "undefined") { var YAHOO = {}; } No Conviction Data Found-Does Not Preclude the Existence of Arrest Recordu0022.
It means based on the information you provided on your If you have request and received a background from VSP and it states "No
Conviction Data Found-Does Not Preclude the Existence of Arrest Record".
It means based on the information you provided on your request, you have
not been convicted of any criminal Code violation in the State of
Virginia. We maintain criminal records on all individuals since their
18th birthday regardless of how long ago the conviction was. You should
be able to attach a copy of your background check to your permit
request.
Stanley E. Taylor
Office Services Supervisor, Sr.
Phone: (804) 674-6718
Fax: (804) 674-8530
-----Original Message-----
From: jerry [mailto:jaf_deg6@yahoo.com]
Sent: Friday, August 15, 2008 8:24 AM
To: Taylor, Stanley E.
Subject: Background check results
Around June 2nd of this year, I applied for a concealed carry permit in
Amelia county. A couple of weeks later an investigator from the Amelia
sheriff's office called me and stated that I had made a misstatement on
my application. When I asked what he meant, he replied that I had
checked the "no conviction" block in question 8 and that I had a
conviction in 1974. My answer was "I did?" He then said I should
voluntarily withdraw my application, which I did. He was very vague when
I asked if re-submitting my application with what he said was the
correct information would result in the permit being denied. He would
only say that I should go to the Petersburg courthouse to get the
disposition of the case before re-submitting my application. I called
the Petersburg Clerk of the court's office to ask who I would have to
see about getting that information and was informed that they only kept
records for 10 years and I would have to go to the State Police to
get anything beyond 10 years. Accordingly I submitted a request to you
for a Criminal Records check on myself. It came back with the "no
conviction data" box checked. I have some questions about the background
check. First, Does your records check include convictions as far back as
1974? Secondly, would a county investigator have access to records which
I can't get?, and last, does"no conviction data" mean that I have no
convictions in Virginia? One other thing, it was my understanding that
the Amelia investigator stated that it was a misdemeanor conviction.
This, since it was 34 years, ago would not be required to be listed on
the CCW application anyhow.
I realize that this is an open carry forum, but in a way it concerns my rights to open carry, or for that matter, even own a firearm. If Inspector MacDonald has something saying I was convicted of a Felony, I would be breaking the law to carry my gun openly,or for that matter even own a firearm. and in fact, if this is the case, I have violated the law at least 6 times by purchasing handguns and rifles. I mention the felony part because a 34 year old misdemeanor conviction is not required to be listed on my application. Has anyone run into anything like this in Virginia?
Around the first Monday in June, I applied for a CCW in my home county of Amelia. About 3 weeks later, I received a call froma county investigator, named MacDonald. He stated that I had made a mis-statement on my application. When I asked what he meant, he stated that I had a conviction on a firearms brandishing chare back in 1974. I remember the incident, and I was arrested for this, but the way I remembered it I was not convicted the charge was Nul Proced(not sure of spelling). If anyone here wants details of the incident I'll post everything I remember later. Anyhow, Inspector MacDonald was rather vague about this and when I asked if this would keep me from getting a permit, he stated only that I should go to the clerk's office in petersburg, where the incident happened and ask for the :disposition in my case. Accordingly, after voluntarily withdrawing my application, I called the Petersburg Clerk's office to ask who I would have to see to obtain this information. I was told that they do not keep records more than 10 years and I would have to contact the Va State police to get this information. One week ago, I submitted a Criminal records check on myself. Yesterday, it came back with the "no conviction Data-does not preclude an arrest record" box checked.Yesterday, I tried twice to contact Inspector MacDonald to ask where he got his information, and how I could obtain it for myself. In my calls, I was very polite and made it clear that I was concerned about this because, since the Virginia Aplication only asks about misdemeanor convictions within the last 5 years, and only a felony conviction from 34 years ago would be required to be listed. So far they have not returned my calls. This morning, I sent out two emails. The first to the VCDL detailing what has happened so far and the second to the Va State Police Criminal Records division asking 3 questions. The first, would a conviction from 34 years ago show up on a background check. Second, What does "no conviction Data...." mean, and last, Does Inspector MacDonald have access to a dadt base concerning me which I can not access. I received the following back from the Va State Police:
From: "Taylor, Stanley E." <Stanley.Taylor@vsp.virginia.gov> Add sender to Contacts To: jaf_deg6@yahoo.com if (typeof YAHOO == "undefined") { var YAHOO = {}; } No Conviction Data Found-Does Not Preclude the Existence of Arrest Recordu0022.
It means based on the information you provided on your If you have request and received a background from VSP and it states "No
Conviction Data Found-Does Not Preclude the Existence of Arrest Record".
It means based on the information you provided on your request, you have
not been convicted of any criminal Code violation in the State of
Virginia. We maintain criminal records on all individuals since their
18th birthday regardless of how long ago the conviction was. You should
be able to attach a copy of your background check to your permit
request.
Stanley E. Taylor
Office Services Supervisor, Sr.
Phone: (804) 674-6718
Fax: (804) 674-8530
-----Original Message-----
From: jerry [mailto:jaf_deg6@yahoo.com]
Sent: Friday, August 15, 2008 8:24 AM
To: Taylor, Stanley E.
Subject: Background check results
Around June 2nd of this year, I applied for a concealed carry permit in
Amelia county. A couple of weeks later an investigator from the Amelia
sheriff's office called me and stated that I had made a misstatement on
my application. When I asked what he meant, he replied that I had
checked the "no conviction" block in question 8 and that I had a
conviction in 1974. My answer was "I did?" He then said I should
voluntarily withdraw my application, which I did. He was very vague when
I asked if re-submitting my application with what he said was the
correct information would result in the permit being denied. He would
only say that I should go to the Petersburg courthouse to get the
disposition of the case before re-submitting my application. I called
the Petersburg Clerk of the court's office to ask who I would have to
see about getting that information and was informed that they only kept
records for 10 years and I would have to go to the State Police to
get anything beyond 10 years. Accordingly I submitted a request to you
for a Criminal Records check on myself. It came back with the "no
conviction data" box checked. I have some questions about the background
check. First, Does your records check include convictions as far back as
1974? Secondly, would a county investigator have access to records which
I can't get?, and last, does"no conviction data" mean that I have no
convictions in Virginia? One other thing, it was my understanding that
the Amelia investigator stated that it was a misdemeanor conviction.
This, since it was 34 years, ago would not be required to be listed on
the CCW application anyhow.
I realize that this is an open carry forum, but in a way it concerns my rights to open carry, or for that matter, even own a firearm. If Inspector MacDonald has something saying I was convicted of a Felony, I would be breaking the law to carry my gun openly,or for that matter even own a firearm. and in fact, if this is the case, I have violated the law at least 6 times by purchasing handguns and rifles. I mention the felony part because a 34 year old misdemeanor conviction is not required to be listed on my application. Has anyone run into anything like this in Virginia?