# Im in a bit of a pickle....



## clawlan (Jan 19, 2007)

Ok, here is the issue. I am applying for my NYS pistol permit (not NYC). I live upstate near Rochester. Anyways, here is a question on the application: 

"Have you ever been arrested, indicted, summoned or charged anywhere for any offense excluding traffic infractions?"

Well here is the pickle. When I was a minor, I was charged with 2 different offenses at two different times in two different towns: 
1. Discharge of a firearm within 500 ft of a building
2. Harassment in the 3rd degree

Both charges were bogus and given ACD's (Adjourned Contemplating Dismissal) meaning that so long as I stayed out of trouble for 6 months, the charges would be dismissed, which 6 months later, they were. Also, because I was a minor, the records are sealed. 

So teh question is, do I list them on the application or not. If I do, I'm pretty sure I'll get denied. If I don't and I was should of, I will get denied and could potentially face legal action against me (as it states on the application). 

I called the town courts and asked them. They said because it was a matter of the records being sealed, there was no law stating whether I have to list it or not, rather it is advice I would need to get from my attorney. So here I am today, asking your opinions. What do you think I should do?


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## milquetoast (Nov 25, 2006)

My advice is to not ask for opinions on this forum, and to ignore any opinions you might get, including this one. Talk to a lawyer ASAP. It's expensive, it's not fair, it's not right, but it is the way it is.

Also, if you were to be charged with lying to the government (see, for example, Martha Stewart and Scooter Libby), then your post on this forum could be discovered and used as evidence against you.

Get thee to a lawyer.


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## john doe. (Aug 26, 2006)

milquetoast said:


> My advice is to not ask for opinions on this forum, and to ignore any opinions you might get, including this one. Talk to a lawyer ASAP. It's expensive, it's not fair, it's not right, but it is the way it is.
> 
> Also, if you were to be charged with lying to the government (see, for example, Martha Stewart and Scooter Libby), then your post on this forum could be discovered and used as evidence against you.
> 
> Get thee to a lawyer.


I think he hit the nail on the head.


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## Todd (Jul 3, 2006)

Agreed, get a lawyer.

On a side note, am I the only one that finds it ironic we're _advising _him not take _advise_ from people on the internet?


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## Charlie (May 13, 2006)

Naw, don't tell 'em...............on second thought, you better tell them everything.................hell, just don't get the permit and carry anyway. Above all, don't take any of my advice. :smt082 :smt082 :smt082 :smt082


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## SuckLead (Jul 4, 2006)

I'm going along with most others and will say a lawyer is the one to ask. I don't know if there is anyone on this site who is a lawyer in your area, probably not. But a lawyer is your safest bet right now.


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## clawlan (Jan 19, 2007)

lawyer it is. :smt023


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## john doe. (Aug 26, 2006)

clawlan said:


> lawyer it is. :smt023


An attorney is a person you don't like until you need 'em. Kinda like me as a plumber.


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## bangbang (Jan 18, 2007)

Why not ask the Sheriff?

Ask them if the questions on the application pertain to sealed childhood records when the offenses have been expunged from your record...or whatever they call it.

Technically, they are going to perform a background check, and it is likely that right next to that question, they will ask for an explanation...tell them that the charges were dropped, and the records sealed...they can look into it if they want, but your record should come up clean (if they were sealed).

Or, you could ask a lawyer...


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## jenglish (Dec 29, 2006)

I would have to agree. When it comes to legal matters, consult a lawyer.


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## Shipwreck (Jan 26, 2006)

I'm not a lawyer, but I play one on TV :mrgreen:


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## jenglish (Dec 29, 2006)

I'm not a lawyer either . . . but I did stay at a Holiday Inn Express once.


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## twaner (Mar 7, 2007)

*Don't waste your money on a lawyer yet*

I was in the same predicament as you and live in Rochester too and just went through the process and got my permit. DO NOT get a lawyer yet! I thought it would be a good idea to talk to one at first but after searching and searching for a lawyer with any expertise in Monroe county, the only ones I could find were ones who dealt with appealing a permit denial. They have as much information about the actual initial application process as anybody else. They can only help you once you have been denied but feel free to spend the $2000 for their services even before you get denied as one told me. The process is totally in the hands of the Sheriff's dept if you live outside the city and the RPD in the city who do thorough background checks and interviews and make a recommendation to the issuing judge. It is then left up to the judge who can arbitrarily deny, issue concealed carry, or issue with restrictions. I say arbitrarily because he doesn't even have to follow the officer's recommendation. I can tell you they are very thorough as you sign a release to let them do a complete investigation of your records. The Monroe County Sheriff's dept. Conducts a free monthly 4 hour safety course with one of the instructors being a pistol permit application "expert" having worked in that department handling applications for the past 15 years. I would advise you to talk to him as he knows everything about the process and very willing to answer all questions for free. Just call up the Sheriff's department to find out when the next class is scheduled and register, they do book up fast as alot of people in Monroe County apply for pistol permits.


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## Wandering Man (Jul 9, 2006)

milquetoast said:


> My advice is to not ask for opinions on this forum, and to ignore any opinions you might get, including this one. Talk to a lawyer ASAP. It's expensive, it's not fair, it's not right, but it is the way it is.
> 
> Also, if you were to be charged with lying to the government (see, for example, Martha Stewart and Scooter Libby), then your post on this forum could be discovered and used as evidence against you.
> 
> Get thee to a lawyer.


So now that you have read all of the advice, you might want to go back and edit your original pickle to protect the innocent. Maybe tell us something juicy about your sex life instead. 

WM


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## Ole Cypress (Mar 12, 2007)

Todd said:


> Agreed, get a lawyer.
> 
> On a side note, am I the only one that finds it ironic we're _advising _him not take _advise_ from people on the internet?


*So, i wasn't the only 1 who noticed that!!!!:numbchuck: *

OLE


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