Background Check

[Son of Stoborough]

Hey, Guys,
I very close relative of mine got into some trouble ("unauthorized us of a motor vehicle" ) in the early '60's as a teenager. He is about to submit his LTC application and is a bit concerned about that. I told him it's probably no problem. Am I wrong? He did get sent to Juvenile det. for it

 

[Rob Boudrie]

It could be a big problem. MA is one of the few (perhaps only) state where sealed juvenile records are used as disqualifiers for LTCs. Comm2a took this to the MA Supreme Marsupial Court and lost (Chardin vs. Police Commissioner of Boston). The fact that he got sent to stir for this is suggestive of a real conviction rather than an alternative disposition. A finding of juvenile delinquency is treated as a disqualifier if the finding was based on what would be a disqualifier if prosecuted as an adult crime.

If the conviction was out of state, he may (emphasis may) benefit from the legal fiction of "it never happened".

So what does this all mean?.....

He needs an attorney consult PRIOR to submitting an application. Keith Langer and Jason Guida are two top tier possibilities. An office consult should only run a couple hundred $$ and is short money compared to an appeal. DO NOT have him call one of these attorneys and try to pump for answers on the phone - just make an appointment and pay for the time and advice as a client, that way he will get full considered answers and not have a "leech alert" go out to attorneys with his name on it. Plus, he may need a good attorney if he moves forward with his application.

It will be a tremendous bonus if he has the original documentation as to the finding in his case, although from the 60's is probably a longshot.

 

[Mass-diver]

Stephen Burke, esq does phone consults for $100, money well spend IMO.

 

[Len-2A Training]

Stephen Burke, esq does phone consults for $100, money well spend IMO.

To do a proper job here, the attorney needs to see the Docket Sheet showing the actual charge and disposition. Without that, the attorney may not be able to give proper advice to the client.

 

[Son of Stoborough]

Really appreciate it guys. Thank you. Now, how to break it to him!

 

[Rob Boudrie]

Really appreciate it guys. Thank you. Now, how to break it to him!

Print out the thread and tell him these guys speakuth the truth.

 

[Mass-diver]

To do a proper job here, the attorney needs to see the Docket Sheet showing the actual charge and disposition. Without that, the attorney may not be able to give proper advice to the client.

For sure. I assume all of them have you get that to start (I know Burke does).

 

[Son of Stoborough]

Imagine, 74 years old, raised a family, worked his whole life, and still paying for what he did as a kid.

 

[42!]

Imagine, 74 years old, raised a family, worked his whole life, and still paying for what he did as a kid.

Ya, MA is the only state were even a single arrest can haunt you for the rest of your life.

Best of luck to your friend. I think there were some changes not long ago for expungement in MA for non-violent juvenile offences, but that's for a lawyer to figure out.

ETA: Find out if you can expunge your criminal record
Your friend may qualify for this

 

[nstassel]

Use without authority isn't a disqualification even if he was found delinquent which he must have been if he was committed to dys since the maximum is two years. There, that was free. Send 100 bucks to goal or comm2a.

It's doubtful he's going to have a denial for suitability. He should definitely get his cori to start to see if that was really the charge. Often it's really a larceny of a mv which is a disqualifier in which cases he's going to have to deal with it. Expungement is now a good option for him if he otherwise is eligible.

 

[Silverado]

To be honest I wouldn't mention it or worry about it.

 

[Son of Stoborough]

Use without authority isn't a disqualification even if he was found delinquent which he must have been if he was committed to dys since the maximum is two years. There, that was free. Send 100 bucks to goal or comm2a.

It's doubtful he's going to have a denial for suitability. He should definitely get his cori to start to see if that was really the charge. Often it's really a larceny of a mv which is a disqualifier in which cases he's going to have to deal with it. Expungement is now a good option for him if he otherwise is eligible.

That's good news, because he thinks that was the charge. I appreciate this!

 

[nstassel]

Have him order his cori that way if he's wrong he'll know before he "lies" on his application.

 

[nstassel]

To be honest I wouldn't mention it or worry about it.

Do NOT do this!

 

[SDG]

I’m echoing all advice here...Except for Silverado. Legal advice ahead of time is cheaper(not cheap you don’t want the bargin basement you want an experienced 2A lawyer) and more effective prior to submitting his application. If he goes it alone and gets denied or perjures himself none of the experts will be as eager to help clean up the mess. If there is any doubt just fork over the cash, MA is too dicey of a state to mess around in.

 

[Son of Stoborough]

Talked to him today. Passed along all your terrific advice. He's not going to lie, either outright or by omission. He's getting the CORI as a first step. Then he'll at least know what he's looking at. I suggested he not submit prior to talking to someone, and that will cost some dough, but it would be in his best interest. I'll keep you updated, and thanks again, guys.

 

[wilson911]

Just have him go to a gun show and get one of them loopholes.

 

[Son of Stoborough]

Just have him go to a gun show and get one of them loopholes.

He's not trying to buy a gun, he's trying to get his LTC.

 

[42!]

A lie by omition is still a lie, IANAL but that seems like a really bad idea.

 

[Rob Boudrie]

Have him order his cori that way if he's wrong he'll know before he "lies" on his application.

The CORI he can get on himself will not necessarily contain the same data as a PD CORI or a BOP check, so the absence of something does NOT mean the police will not see it.

 

[Son of Stoborough]

A lie by omition is still a lie, IANAL but that seems like a really bad idea.

I know. That's why I said above, "He's not going to lie, either outright or by omission." I agree, bad idea! Lying is always a bad idea.

 

[Son of Stoborough]

The CORI he can get on himself will not necessarily contain the same data as a PD CORI or a BOP check, so the absence of something does NOT mean the police will not see it.

OK, thanks.

 

[nstassel]

The CORI he can get on himself will not necessarily contain the same data as a PD CORI or a BOP check, so the absence of something does NOT mean the police will not see it.

This is a good point but if he has his cori and bases his answers on it and includes it he has a reason for his responses. My concern here is that if his use without authority is really a larceny it would cause problems that he'd have to straighten out before applying.

 

[Len-2A Training]

The CORI he can get on himself will not necessarily contain the same data as a PD CORI or a BOP check, so the absence of something does NOT mean the police will not see it.

This is why it is wise to pay a visit to the courthouse it was heard at and request a copy of the Docket Sheet. That will tell the real story with comments by the court/PD. Cost is probably $1.00/page or less vs. a CORI that is incomplete and a "summary".

 

[Son of Stoborough]

This is why it is wise to pay a visit to the courthouse it was heard at and request a copy of the Docket Sheet. That will tell the real story with comments by the court/PD. Cost is probably $1.00/page or less vs. a CORI that is incomplete and a "summary".

Great suggestion, thanks.

 

[fencer]

This is why it is wise to pay a visit to the courthouse it was heard at and request a copy of the Docket Sheet. That will tell the real story with comments by the court/PD. Cost is probably $1.00/page or less vs. a CORI that is incomplete and a "summary".

I will be impressed if they have those records from 50 + years ago. I know they should, but...

 

[Len-2A Training]

I will be impressed if they have those records from 50 + years ago. I know they should, but...

Some years ago a lawfirm in West Overshoe hired me to check for criminal records on someone from 30 or 40 years earlier. The Clerk's office directed me to a storage area where I did my searching. This was a Dedham court, I think it was Dedham District Court. Some may have been put on microfiche, but they should have them there somewhere.

 

[AHM]

Some years ago a lawfirm in West Overshoe hired me to check for criminal records on someone from 30 or 40 years earlier.

For those who haven't met Len in person...

Spoiler: He looks a lot like the guy in the middle

 

[Len-2A Training]

For those who haven't met Len in person...

Spoiler: He looks a lot like the guy in the middle

I hope that I don't look like a stiff that hasn't been planted yet!

 

[AHM]

I hope that I don't look like a stiff that hasn't been planted yet!

I haven't seen that many episodes, but I was surprised at that image.
But the character's Wikipedia bio says, "Drake is described as tall and slouching, nondescript (as suits his profession), and frequently wearing an expression of droll humor".
I guess they couldn't have him acting too Alpha or he'd overshadow Perry.