Arrest Record??

FRB · Jan 4, 2022

2WheelGnnr said:
...is there a place he can see when the arrest was?? it was a good 5 years or more ago???

The court the action took place at will have the record. 5 years is not that long ago. He will need a COD Certificate of Deposition from that court. Depending on the court there will be a fee to acquire said.

Cavalry · Jan 4, 2022

Yes it has to be disclosed.
My wife had a bullshit arrest when she was 17 that was dismissed. She neglected to put it on her permit application (decades later) and they found it. The permit office didn't make a big deal over it, just fill out the correct info, but I suppose they could have pressed the issue if they wanted.

My advice would be for him to put what info he could and also mention it was dismissed. They will figure out the rest.

FRB · Jan 4, 2022

I would not take a chance, get the COD for it like they say you are supposed to do. Well at least in Erie County NY it is required to have a cod for charges.

Tintalieau · Jan 4, 2022

yea, you need a COD. Both Broome & Chenango Co. require it.

FRB said:
The court the action took place at will have the record. 5 years is not that long ago. He will need a COD Certificate of Deposition from that court. Depending on the court there will be a fee to acquire said.

^^^^ have bhim contacvt the court it was handled by, IIRC you need to go to them and fill out a request for a COD to give to permit office (some require it to have the embossed seal).

libertysnake · Jan 4, 2022

Cavalry said:
Yes it has to be disclosed.
My wife had a bullshit arrest when she was 17 that was dismissed. She neglected to put it on her permit application (decades later) and they found it. The permit office didn't make a big deal over it, just fill out the correct info, but I suppose they could have pressed the issue if they wanted.

My advice would be for him to put what info he could and also mention it was dismissed. They will figure out the rest.

So all they did was have the judge re-review her info? What county is this? Sounds pretty reasonable of a response if it wasn't intentional.

She already had her permit when they asked she update the info, or they asked her during the permit process to update the info?

stokes · Jan 4, 2022

Tintalieau said:
yea, you need a COD. Both Broome & Chenango Co. require it.

^^^^ have bhim contacvt the court it was handled by, IIRC you need to go to them and fill out a request for a COD to give to permit office (some require it to have the embossed seal).

Its very easy.Just go to the clerk of the court the case was disposed of in and ask for a certificate of disposition,used to cost 5 bucks unless you had a public defender, then its free,and it will have the court seal,no one will accept a cod without it. Things may have changed some, but that was all there was to it when I was working.

Doc8404 · Jan 4, 2022

Get the documentation. I reported mine and the office told me they never saw them in any records they pulled as they were sealed.

I had to have the little old lady court clerk dig through the boxes in the court’s basement.

Drinkthekoolaid · Jan 4, 2022

Better to be safe than sorry and disclose anything you're on the fence about.

It looks way worse trying to conceal it.

Acer-m14 · Jan 5, 2022

2WheelGnnr said:
Brother applying for permit...but he has an arrest on his record that got thrown out...but cant remember when it happened...is there a place he can see when the arrest was?? it was a good 5 years or more ago???

the OP's question .. if you can't remember ... where can you look it up your self ?

at work here for a new hire .. need your divers license for background check .. the work place can look up your history .. oh you got arrested for shoplifting 10 yrs ago .. cant hire you .. or even sorry we have to terminate your employment .. the results came back after you worked a week or
2 there ..

Cavalry · Jan 5, 2022

libertysnake said:
So all they did was have the judge re-review her info? What county is this? Sounds pretty reasonable of a response if it wasn't intentional.

She already had her permit when they asked she update the info, or they asked her during the permit process to update the info?

This was on her initial application in Fulton County. She submitted her paperwork and the office clerk called her up a few days later to tell her about the omitted arrest. In the end she received an unrestricted (as they all should be) so its not like it was held against her by the judge.

Saltwater60 · Jan 5, 2022

Read the paperwork for the permit application. Most likely it says list all arrests, if so list it. If it says convictions don’t list it. In my county it says all arrests as seems common place in NYS, but I thought we were innocent until proven guilty.

I hope for your brothers sake the reason it was dismissed is detailed on the COD as they will not look kindly on violating restraining orders. The other thing to consider is why he had the restraining order in the first place as that is not a good look either. Normally it indicates some biolent or potentially violent domestic abuse behaviors. I know they hand out restraining orders like crazy, but 5 years ago isn’t that long in the grand scheme of things.
Good luck and keep us updated.

Saltwater60 · Jan 5, 2022

Cavalry said:
This was on her initial application in Fulton County. She submitted her paperwork and the office clerk called her up a few days later to tell her about the omitted arrest. In the end she received an unrestricted (as they all should be) so its not like it was held against her by the judge.

It probably showed up in the FBI background check thing that that run.

Saltwater60 · Jan 5, 2022

2WheelGnnr said:
They hand out restraining orders Like Candy but I understand why? Again she got a restraining order on him for coming to the door and ringing the doorbell for a child visitation pick up. She was scared for her life she said. So he agreed to wait in the car on side of road at a certain time each week and not go up to door....So then she would make him sit our there for a good hour or so.......
She also got one on my father who rarely saw her and never after the divorce cuz he was a vietnam vet and had Gun training in the army and she was scared about that. Shes truly a nut... and I m sure she will fight this tooth and nail and he will probably have to get a pro 2a atty at the end of the day....but. He was never violent or anything to or around her and isnt every... but again......just the backstory to his RA......... we will see...hes going to take some courses to help his cause and is in process of getting the Certs now for the dropped item...........

Good luck. I know they hand them out like candy, but the judge has to sign off on the permit, will he?
I would have him call a 2a attorney or the PPO and just ask so he knows what he’s up against. Also I’m not sure if the EX will have a say or not. I’m my area no, but in NYC likely yes and with the background who knows…
Has he had trouble getting a long gun? I’m assuming no.

Blimey · Jan 5, 2022

2WheelGnnr said:
They hand out restraining orders Like Candy but I understand why? Again she got a restraining order on him for coming to the door and ringing the doorbell for a child visitation pick up. She was scared for her life she said. So he agreed to wait in the car on side of road at a certain time each week and not go up to door....So then she would make him sit our there for a good hour or so.......
She also got one on my father who rarely saw her and never after the divorce cuz he was a vietnam vet and had Gun training in the army and she was scared about that. Shes truly a nut... and I m sure she will fight this tooth and nail and he will probably have to get a pro 2a atty at the end of the day....but. He was never violent or anything to or around her and isnt every... but again......just the backstory to his RA......... we will see...hes going to take some courses to help his cause and is in process of getting the Certs now for the dropped item...........

I know this is just your (his) side to it, but I wish people would not play these games, using their kids as pawns in petty feuds. It is the kind of thing that leads to really poor outcomes.

Saltwater60 · Jan 5, 2022

2WheelGnnr said:
no trouble with the long gun....but dont they in Monroe county have to call the ex?? I know here in Ontario they had to call my wife and see if she had any problems with it and if I had an ex they would have to talk to them....

Maybe not but in ontario they had to........I told him he may need a pro 2a atty or to even call one ahead of time and see what they think about it....he was thinking of not bothering but I said do it..see what happens and go from there.

Im just assuming they have to talk to his ex as they would here in Ontario from when I got my permit about 7 yrs ago. They called me and my wife the same week as we both handed our permits in the same time. Sherriff just asked if either had any trouble with other having a permit/handgun. Family that shoots together stays together..LOL

We will see.........hes going to apply and go from there?!

I have no idea what Monroe does. I live in Erie and I live with my wife and they didn’t contact her. Every county does things a bit differently.

VietnamEraVet · Jan 6, 2022

Saltwater60 said:
I have no idea what Monroe does. I live in Erie and I live with my wife and they didn’t contact her. Every county does things a bit differently.

It is hard to know how it may go. I know of a case where a guy had a non-criminal arrest and conviction at 18; then lived a pretty uneventful life for decades. Went to apply for CCW after divorced. Ex-wife was a drama queen who threatened to file for RO when he filed for (and won) residential custody of his kids. Then siblings filed false affidavits alleging death threats when he opposed their demands as Executor of his parent's estates. His local Chief of Police opposed him due to his attitude that the PPO should follow the law in NYS. And the Chief also objected to his choice of references. His local PD contacted all of his references; researched his business; contacted his neighbors, and his ex-wife and even his minor children at the Chief's insistence.

He was granted Unrestricted by the Judge.

IMHO, he might want to attach a brief explanation letter to his application regarding the RO. Or, if there are other credible witnesses to her drama BS at the time, it might be helpful to have them write a brief letter as well.

Arrest Record??

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