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Hello everyone. Been lurking on the site for a about a year, mostly on the legal & political forum. Here's my story. I moved to Portland from New Jersey in 2003.
I applied for my CHL in Multnomah Cty. back in late March 2013. I was sent the letter a couple weeks later scheduling my appointment for fingerprinting to take place on August 16, 2013.
I knew I had some legal trouble in New Jersey in 2000 but did not have any documents to confirm actual convictions so I used an online service to perform a criminal background check on myself to see if anything came up. I was not about to willingly lie or misrepresent events that I am embarrassed about but not afraid to own up to. It came up clean so I sent in my application without regret. For the record, my legal issue was a DUI and I also had 2 grams of pot. I did everything that was required by the court and got my license back. Soon thereafter I left the state.
Now I get the letter from the Sheriff's office saying the background check shows my arrest in NJ for possession of CDS and that I was sentenced to conditional discharge and diversion. It says: accorded to ORS 166.291(L), a concealed handgun license applicant "has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program..."
Next sentence: The "second chance" provision does not apply to out of state drug arrests. Therefore, your application is hereby denied.
I totally understand that they think I lied on the application with respect to the CDS arrest/conviction. Had that showed up on the report I did on myself I could have considered options to deal with it however, I would not have willingly lied on the application and expected a law enforcement agencies background check to not reveal what my check revealed. I guess I did not consider the possibility that my check would be deficient and put me in a position of the appearance of dishonesty or deception.
I just got the letter this afternoon and was not able to contact any lawyers or the sheriff's dept. to figure out where I stand. I know I have 30 days to appeal the denial. Obviously that would be pointless as long as my NJ record shows up.
The question is if I can get that expunged must that happen within the 30 day appeal period? Or as the letter implies do I have no "second chance" because it is out of state? What happens if I do not appeal the denial, can I reapply in the future if/when I get my NJ records expunged?
I have searched the statutes and have seen nothing regarding a "second chance" provision. I know these are questions for a lawyer but I know you all have knowledge & experience that I have come to trust at times so I respect your input.
I will keep you posted on my progress if any. I plan on contacting the sheriff's dept. and a couple free consults with OR & NJ attys to figure out my options.
Geez, trying to gain access to one's constitutional rights it's a full time job!
I applied for my CHL in Multnomah Cty. back in late March 2013. I was sent the letter a couple weeks later scheduling my appointment for fingerprinting to take place on August 16, 2013.
I knew I had some legal trouble in New Jersey in 2000 but did not have any documents to confirm actual convictions so I used an online service to perform a criminal background check on myself to see if anything came up. I was not about to willingly lie or misrepresent events that I am embarrassed about but not afraid to own up to. It came up clean so I sent in my application without regret. For the record, my legal issue was a DUI and I also had 2 grams of pot. I did everything that was required by the court and got my license back. Soon thereafter I left the state.
Now I get the letter from the Sheriff's office saying the background check shows my arrest in NJ for possession of CDS and that I was sentenced to conditional discharge and diversion. It says: accorded to ORS 166.291(L), a concealed handgun license applicant "has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program..."
Next sentence: The "second chance" provision does not apply to out of state drug arrests. Therefore, your application is hereby denied.
I totally understand that they think I lied on the application with respect to the CDS arrest/conviction. Had that showed up on the report I did on myself I could have considered options to deal with it however, I would not have willingly lied on the application and expected a law enforcement agencies background check to not reveal what my check revealed. I guess I did not consider the possibility that my check would be deficient and put me in a position of the appearance of dishonesty or deception.
I just got the letter this afternoon and was not able to contact any lawyers or the sheriff's dept. to figure out where I stand. I know I have 30 days to appeal the denial. Obviously that would be pointless as long as my NJ record shows up.
The question is if I can get that expunged must that happen within the 30 day appeal period? Or as the letter implies do I have no "second chance" because it is out of state? What happens if I do not appeal the denial, can I reapply in the future if/when I get my NJ records expunged?
I have searched the statutes and have seen nothing regarding a "second chance" provision. I know these are questions for a lawyer but I know you all have knowledge & experience that I have come to trust at times so I respect your input.
I will keep you posted on my progress if any. I plan on contacting the sheriff's dept. and a couple free consults with OR & NJ attys to figure out my options.
Geez, trying to gain access to one's constitutional rights it's a full time job!