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Well, for those [abbreviated profanity deleted] you that answered my call for help in this thread... http://www.texasshooting.com/TexasCHL_F ... f=7&t=7488" onclick="window.open(this.href);return false; ...heres an update on my situation.

I went ahead and submitted the paperwork to apply for a pardon from the Governor of Arkansas - as that is what I was told by the DPS attorney, was my last resort. Months passed, then the ADC (Arkansas Dept. of Corrections) decided that my request for a Pardon was "with merit" and forwarded it to the Governors office. I called for a status check back in Feburary and the Governor's office told me no decision would be made until September. I called the Governor's Office this morning for a status check and after talking with the attorney there, she tells me that she reviewed my application and I dont need a Pardon. When my charge was expunged, my status was changed to Not Guilty. She said I should not have disclosed the conviction on my CHL application, as the charge should not show up on a background check - Federal or otherwise. She said they have no record of the charge, and if questioned, I can say that I have never had a Felony. She recommended that I re-apply for the CHL, or try purchasing a weapon.

Sweet!

KungFu wrote:When my charge was expunged, my status was changed to Not Guilty. She said I should not have disclosed the conviction on my CHL application, as the charge should not show up on a background check - Federal or otherwise. She said they have no record of the charge, and if questioned, I can say that I have never had a Felony. She recommended that I re-apply for the CHL, or try purchasing a weapon.

It sounds like you're almost there. Did they give you any paperwork that showed the Not Guilty status or No Record? Or do you plan to reapply and not list it? Since the DPS already has a record of that, it seems like it would raise a red flag on a new application.

WildBill wrote:It sounds like you're almost there. Did they give you any paperwork that showed the Not Guilty status or No Record? Or do you plan to reapply and not list it? Since the DPS already has a record of that, it seems like it would raise a red flag on a new application.

I dont know... Im still a little apprehensive about the whole thing.

I may test it and try to make a gun purchase, just to see if it shows up. If that flys, I'd like to go ahead and re-do the CHL class, I just dont want to pay to go through the class & application process again, only to be denied by DPS again.

A government employee told you to buy a firearm.
IMO compliance is manditory!

Enjoy!

wow! That is just stunning, and extraordinarily simple all at once. just wow!

Even if the final disposition is Not Guilty, would a letter showing the disposition still be in order? The arrest and entry into the federal criminal history has been entered; therefore when DPS checks for criminal activity the arrest will still show.

G Wagner wrote:Even if the final disposition is Not Guilty, would a letter showing the disposition still be in order? The arrest and entry into the federal criminal history has been entered; therefore when DPS checks for criminal activity the arrest will still show.

Thats what I was was thinking too... I even asked her (twice) if they would be willing to supply me with some documentation stating that the charge was changed to Not Guilty. But she replied "Thats not something they do", and instead suggested that I either purchase a weapon or re-apply for the CHL, then if (when) any problems arise I should contact her office and they can attempt to purge it from the records again. Im planning to get in contact with the county in which the offense ocurred and see if they would provide me with a letter. I already have documents stating that the charge was Expunged, but apparently that wasnt good enough for DPS. Its been suggested that I avoid the whole mess and just get the Utah license instead, because even with documentation, DPS is going to have a record that I was denied a CHL last year - and fight it.

You've already spoken with the DPS attorney so you must have contact info for him/her.

Have you considered asking the DPS attorney to speak with the Arkansas official you dealt with?

I would be hesitant to apply again without settling this matter first.

If it were me, I would get something in writing before I purchased a gun. Be 110% sure you legal, and can prove it. Otherwise you would not want to get caught with a firearm and want to convince a judge that someone told you you were okay. Get it in writing before proceeding.

I think that would be wise to proceed with caution and get everything in writing. That way you will have something to show on your behalf if questioned. Good luck and I do hope all turns out well for you.

-geo

Thanks for all the good advice guys... I'm definately taking this slow and cautious, I don't want to mess this situation up any more than it already is. I've been getting conflicting messages from all sides - my original attorney in Arkansas, The Arkansas Governor's office, the instructor of my CHL class, DPS... Pretty much everyone that touches this has a different take on what my legal situation is and what I should do.

I've spoken with Charles, off list, and he's helping me to get additional clarification & documentation from the Arkansas Governors office... hopefully... (Thanks again Chas).





Hypothetically... if I were to try and purchase a weapon - like the Governor's attorney suggested - and the charge did show up on the background check, what would happen?

You, being an honest citizen and not a hardened criminal, would probably be one of the half dozen people charged each year with lying on a 4473. At least, I know my luck tends to run that way.

I agree with everyone else. Just take it slow and get it in writing.

Also, hypothetically... what would be my legal situation for actually owning/being in possession of a firearm?
... since I technically was convicted of a felony (which was later expunged)?




...are you beginning to see what a giant mess I've created for myself?