A set aside conviction

Scvette · Dec 2, 2012

A friend is asking me,if his felony conviction was set aside,what should he put in the box asking if he was ever convicted? If he answers no would he be in trouble? On the form 4473 it says if it was set aside you should answer no,but then again the question asks,have you ever been. What does everyone think on here.

DieselScout · Dec 2, 2012

A quick search on Google lead to a document from Tillamook county court. In the document it states once a conviction is set aside "...the conviction shall be deemed not to have occurred, and you (he) may answer accordingly any questions relating to its occurrence." It also says it will be deleted from any computerized criminal history and the arrest record will be sealed.

Scvette · Dec 2, 2012

DieselScout said:
A quick search on Google lead to a document from Tillamook county court. In the document it states once a conviction is set aside "...the conviction shall be deemed not to have occurred, and you (he) may answer accordingly any questions relating to its occurrence." It also says it will be deleted from any computerized criminal history and the arrest record will be sealed.

That's pretty much what I thought,the EVER in the question just kinda threw me,didn't want to give the wrong info. Thanks.

Swedish K · Dec 2, 2012

While this is what is supposed to occur, I do know a guy who had a deferred sentence - the terms being that if he was not charged with any other criminal activity in the following year all charges would be dropped and sealed/removed from records. When he went to purchase a firearm several years later "whoops we forgot to remove it from the system" - he was denied. He had to pay his attorney to have them fix everything after they ignored his requests to have it straightened out for over 2 months.

RoneKiln · Dec 2, 2012

I've worked in places that require a background check, and I have seen and heard the exact same story as Swedish K's friend so many times that I think it's the norm. It was a repeated issue for my little brother when he was a recruiter for the army as well. So you might want to give your friend a head's up so they're not caught by surprise if it becomes an issue.

keystir · Dec 2, 2012

What were you convicted of?

Scvette · Dec 2, 2012

keystir said:
What were you convicted of?

It was a non weapon,non violent felony 30yrs ago,no other problems since.

keystir · Dec 2, 2012

As long as you're positive it was actually "set aside" and you have it in writing not just what you were told by a receptionist I think you'll be fine and I wouldn't worry at all about checking the no box. Good luck in your future firearms purchases!

Check fraud or theft?

Scvette · Dec 2, 2012

keystir said:
As long as you're positive it was actually "set aside" and you have it in writing not just what you were told by a receptionist I think you'll be fine and I wouldn't worry at all about checking the no box. Good luck in your future firearms purchases!

Check fraud or theft?

Getting a little personal,but I'll tell ya,I'm a commercial fisherman in the Bering sea,I make pretty good money so it wasn't check fraud or theft,so you figured out tin not a friend,no biggie.i was 19 living on an island in Ak partying a lot and being a fisherman making good money started doing things I shouldn't have,then a buddy says hey can you bring this to these guys,sure I said,so I was popped for delivery. Been clean since and actually have a 1600 ton masters license to run large boats,I've had to pass a lot of background checks since then. I do have a wa cpl,was denied a purchase once,but passed it the next time,I just get nervous whenever I see the question,have you ever,we'll see if its a issue,I just applied for a Utah permit and should be hearing back around the 20th of December. Hopefully I don't get judged by saying all this,but I really haven't had any issues since then and now I run a 170ft fishing vessel in the Bering Sea with a crew of 23 guys.

hermannr · Dec 2, 2012

Scvette said:
Getting a little personal,but I'll tell ya,I'm a commercial fisherman in the Bering sea,I make pretty good money so it wasn't check fraud or theft,so you figured out tin not a friend,no biggie.i was 19 living on an island in Ak partying a lot and being a fisherman making good money started doing things I shouldn't have,then a buddy says hey can you bring this to these guys,sure I said,so I was popped for delivery. Been clean since and actually have a 1600 ton masters license to run large boats,I've had to pass a lot of background checks since then. I do have a wa cpl,was denied a purchase once,but passed it the next time,I just get nervous whenever I see the question,have you ever,we'll see if its a issue,I just applied for a Utah permit and should be hearing back around the 20th of December. Hopefully I don't get judged by saying all this,but I really haven't had any issues since then and now I run a 170ft fishing vessel in the Bering Sea with a crew of 23 guys.

If you have a CPL, it's gone..don't worry about it. Read RCW 9.41.047 carefully for the full answer.

Intention · Dec 3, 2012

Scvette said:
Getting a little personal,but I'll tell ya,I'm a commercial fisherman in the Bering sea,I make pretty good money so it wasn't check fraud or theft,so you figured out tin not a friend,no biggie.i was 19 living on an island in Ak partying a lot and being a fisherman making good money started doing things I shouldn't have,then a buddy says hey can you bring this to these guys,sure I said,so I was popped for delivery. Been clean since and actually have a 1600 ton masters license to run large boats,I've had to pass a lot of background checks since then. I do have a wa cpl,was denied a purchase once,but passed it the next time,I just get nervous whenever I see the question,have you ever,we'll see if its a issue,I just applied for a Utah permit and should be hearing back around the 20th of December. Hopefully I don't get judged by saying all this,but I really haven't had any issues since then and now I run a 170ft fishing vessel in the Bering Sea with a crew of 23 guys.

Don't play poker with the crew.

Scvette · Dec 3, 2012

Intention said:
Don't play poker with the crew.

Huh. I don't get it. But doing a 17-18hr day 7 days a week there's not much time left anyway,all there is to do is work then sleep.

gcban · Dec 3, 2012

hermannr said:
If you have a CPL, it's gone..don't worry about it. Read RCW 9.41.047 carefully for the full answer.

Not completely true. Prior to 7/20/2011, you could get a WA CPL with a set aside entered and not be able to pass a NICS check. Has to do with the State of where the set-aside offense happened and if WA recognizes that set-aside is in compliance with the respective WA RCW. I know it sounds a little bass ackwards but under certain conditions you could be in compliance with the WA CPL standards (due to not having a NICS check for WA CPL issued prior to 7/20/2011), get a permit and carry concealed in WA but yet still not be in Federal compliance with NICS standards and federally prohibited from weapons possession.

It's a little complicated but true. All WA State permits issued after that 7/20/2011 date have also had a NICS check conducted on them during the application or renewal process. There will be WA CPL holders that when they go to renew their current WA CPL will be denied because they don't meet the NICS criteria now included in the permit check.

IF you have had a successful NICS check done and no changes since then you should be good to go. Good luck! -G

Scvette · Dec 3, 2012

gcban said:
Not completely true. Prior to 7/20/2011, you could get a WA CPL with a set aside entered and not be able to pass a NICS check. Has to do with the State of where the set-aside offense happened and if WA recognizes that set-aside is in compliance with the respective WA RCW. I know it sounds a little bass ackwards but under certain conditions you could be in compliance with the WA CPL standards (due to not having a NICS check for WA CPL issued prior to 7/20/2011), get a permit and carry concealed in WA but yet still not be in Federal compliance with NICS standards and federally prohibited from weapons possession.

It's a little complicated but true. All WA State permits issued after that 7/20/2011 date have also had a NICS check conducted on them during the application or renewal process. There will be WA CPL holders that when they go to renew their current WA CPL will be denied because they don't meet the NICS criteria now included in the permit check.

IF you have had a successful NICS check done and no changes since then you should be good to go. Good luck! -G

I knew something had changed since getting my cpl,but I did get a new handgun last summer and didn't have any problems,luckily I have the papers from the court that says it was set aside,this also happened in Alaska and I'm pretty sure I won't have a problem when I go renew in a couple years. I hope.

gearsource · Dec 4, 2012

See an attorney who has experience in this area. It will be money well spent.

There have been so many changes just in WA State law over the past 35 years concerning eligibility and disqualification to possess and purchase firearms that you would be well served by investing a little money in some
quality legal advice.

You mentioned living in AK. This is important as the law and procedures for vacating, expunging, and/or setting aside convictions are different in every state. Thus as the conviction was in AK you would need to speak with an
attorney admitted to practice law in AK, who is experienced in this area of the law. In WA, as many folks here know, vacating a felony conviction is just the first step. One must also petition the court separately for a restoration of firearms rights, etc.

Take Care.

Scvette · Dec 4, 2012

gearsource said:
See an attorney who has experience in this area. It will be money well spent.

There have been so many changes just in WA State law over the past 35 years concerning eligibility and disqualification to possess and purchase firearms that you would be well served by investing a little money in some
quality legal advice.

You mentioned living in AK. This is important as the law and procedures for vacating, expunging, and/or setting aside convictions are different in every state. Thus as the conviction was in AK you would need to speak with an
attorney admitted to practice law in AK, who is experienced in this area of the law. In WA, as many folks here know, vacating a felony conviction is just the first step. One must also petition the court separately for a restoration of firearms rights, etc.

Take Care.

Thanks for the reply. From all the research that I have done,in Ak if it was a non violent felony,your rights are automatically restored after 10 yrs, on my deal I was given a set aside 3 yrs after I was in trouble. I have a Wa CPL and I have applied for a Utah CWP and should be getting that around the 20th,well that's my 60 day wait anyway,I did email utah dps and asked them what I should put in the spot that asks if you have EVER been,they replied in their email that I should put NO. I'll see if I get that without any problems,if I do I can only think everything is good.
I have been denied a purchase once,but I've also been approved a handgun purchase also.