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Offenses while a minor

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My step daughters boyfriend wants to get his license. From what he says he was in trouble with the police as a kid. What kind of charges if any, will get carried over from a juvenile to adult. I told him spend the $100 and see what happens, and don't lie or leave out anything when asked.
 
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What kind of charges if any, will get carried over from a juvenile to adult.
Any and all. If the charge would be a DQ as an adult, it is a DQ if committed as a minor. "Sealing" does not apply to gun license record checks in MA.
 
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He should CORI himself.
Any convictions of anything that can be punishable by 2.5 years is a dq.
Not sure if juvie stuff carries over.
1. Juvenile offenses will be sealed from a non-leo (including self) CORI. The fact that it does not appear on the CORI he sees does not mean the police will not see it, or at least get a "sealed record exists - disqualifier/not a disqualifier".

2. The state takes the position that findings of juvenile delinquency that are not felony offenses or punishable by > 2 years are DQs if they would be DQ if committed by an adult.

3. Yes, juvie stuff carries over for life in MA.
 

Jason Flare

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1. Juvenile offenses will be sealed from a non-leo (including self) CORI. The fact that it does not appear on the CORI he sees does not mean the police will not see it, or at least get a "sealed record exists - disqualifier/not a disqualifier".

2. The state takes the position that findings of juvenile delinquency that are not felony offenses or punishable by > 2 years are DQs if they would be DQ if committed by an adult.

3. Yes, juvie stuff carries over for life in MA.

But, I believe, on a conviction, not necessarily a CWOF?
 
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1. Juvenile offenses will be sealed from a non-leo (including self) CORI.

True, it will not show on the adult self-CORI, but WILL show on a juvenile self-CARI (Court Activity Record Information), available here...

http://www.mass.gov/courts/docs/probation/juv-rec-req.pdf

The fact that it does not appear on the CORI he sees does not mean the police will not see it, or at least get a "sealed record exists - disqualifier/not a disqualifier".

2. The state takes the position that findings of juvenile delinquency that are not felony offenses or punishable by > 2 years are DQs if they would be DQ if committed by an adult.

3. Yes, juvie stuff carries over for life in MA.

+1
 
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My cousin thought his teenage pot possession arrest would be sealed when he appeared before the liquor board for his first restaurant. Oh man, did he get a nasty surprise. Nothing is sealed.
 
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I was in similar situation.
I chose to contact an attorney (even tho it really wasn't that serious) before applying for my LTC, I just had a lot of questions and wanted definite answers.
He was very helpful and answered everything, he even helped me prepare some of the letters I needed.

feel feee to PM me if he'd liked the contact for him.


Sent from my iPhone using Tapatalk
 

mac1911

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Make sure he has all the details.
Also pray he's not applying in the same town he's been in trouble.
My guess is he should make sure he has all his records and possibly might be worth it to consult with a firearms attorney?
I consulted with one when I had to to through the process after letting my license expire pre 1998... I'm no angle but even with all the trouble I got in as a Jr. It was not DQ as I was never convicted and 90% was always dismissed.
 
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A good friend of mine had A&B with a deadly weapon on his record as a juvi. Case was Cwof and he recently received his Ltc and bought his first pistol. If he was convicted he might be sol but if like my friend got a cwof he should be good but needs to be honest during the process
 

KBCraig

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MA records are a total crapshoot. I used to run NCIC to approve people for entrance to a secure location, and if they were from MA I just sighed, knowing I wouldn't get a definite answer about disposition of charges. Email, letters, phone calls...to the court or the charging PD, almost always wound up with a "we have no records" response.
 
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I got 2 felony juvenile convictions vacated, dismissed and file removed, but, that was 45 years ago, and it was so I could join the Army.

Best thing about it, is that I didn't even have to hire a lawyer or appear before a judge, the recruiter took care of it all.

In all those years since, I was never denied issuance or renewal of my LTC, or C&R license.

The actual charges/convictions against your step daughters boyfriend will play an important role in having the offenses thrown out, but I doubt

many judges in this state will do so without a compelling reason... in order to obtain an LTC is not going to be at the top of their list.

My cousin thought his teenage pot possession arrest would be sealed when he appeared before the liquor board for his first restaurant. Oh man, did he get a nasty surprise. Nothing is sealed.

Some people are finding out the hard way about shit that should have been forgotten...

Framingham Police Officer's past affects gun license

Harry Wareham, who is 43 years old, and a 16-year veteran of the Framingham Police Department with the rank of lieutenant is facing the prospect of losing his gun license because of a conviction as a juvenile when he was 15 years old.

Snip...........

Recently, his license to carry a firearm when he is off duty was denied by the state firearms board because of what it read in that previously sealed record.

A change in the Criminal Offender Record Information, or CORI law, that goes into effect in May is opening juvenile crime records - even those that were sealed by the judge - to the firearms licensing board and other agencies.

Previously, those records were not revealed

http://www.metrowestdailynews.com/x777659975/Framingham-Police-Officer-s-past-affects-gun-license

Ironically, Wareham is the firearms licensing officer.

True, it will not show on the adult self-CORI, but WILL show on a juvenile self-CARI (Court Activity Record Information), available here...

http://www.mass.gov/courts/docs/probation/juv-rec-req.pdf

This.

Even though my misfortune happened 45 years ago, it never showed up on my CORI, but it did show up on CARI and on a federal CJIS background check from

my last employer (fire department).
 
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Have him get a consult from Jason Guida. If anyone knows how the system works, it is him, and a simple consult may be all he needs. Tell him to be prepared for answer he isn't going to like (basing this on the info above).
 

MisterHappy

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From the linked article:

"This was an unintended consequence of the law," said Brennan. "I don't think this was a situation that was intended. There's an awful lot of police officers in a lot of communities that will be affected by this - model police officers."

This is the problem - cops are special.
 

swatgig

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I got 2 felony juvenile convictions vacated, dismissed and file removed, but, that was 45 years ago, and it was so I could join the Army.

Best thing about it, is that I didn't even have to hire a lawyer or appear before a judge, the recruiter took care of it all.

In all those years since, I was never denied issuance or renewal of my LTC, or C&R license.

The actual charges/convictions against your step daughters boyfriend will play an important role in having the offenses thrown out, but I doubt

many judges in this state will do so without a compelling reason... in order to obtain an LTC is not going to be at the top of their list.



Some people are finding out the hard way about shit that should have been forgotten...



http://www.metrowestdailynews.com/x777659975/Framingham-Police-Officer-s-past-affects-gun-license

Ironically, Wareham is the firearms licensing officer.



This.

Even though my misfortune happened 45 years ago, it never showed up on my CORI, but it did show up on CARI and on a federal CJIS background check from

my last employer (fire department).

The charges will show up, but since there was no conviction (the conviction was vacated) it shows up as dismissed. The chief could still deny you as unsuitable.
 
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I got 2 felony juvenile convictions vacated, dismissed and file removed, but, that was 45 years ago, and it was so I could join the Army.

Best thing about it, is that I didn't even have to hire a lawyer or appear before a judge, the recruiter took care of it all.

In all those years since, I was never denied issuance or renewal of my LTC, or C&R license.

The actual charges/convictions against your step daughters boyfriend will play an important role in having the offenses thrown out, but I doubt

many judges in this state will do so without a compelling reason... in order to obtain an LTC is not going to be at the top of their list.



Some people are finding out the hard way about shit that should have been forgotten...



http://www.metrowestdailynews.com/x777659975/Framingham-Police-Officer-s-past-affects-gun-license

Ironically, Wareham is the firearms licensing officer.



This.

Even though my misfortune happened 45 years ago, it never showed up on my CORI, but it did show up on CARI and on a federal CJIS background check from

my last employer (fire department).
Cop can still carry "on the badge". Federal law LEOSA protects cops in this regard. He can carry anywhere in the United States, including New York City.
 

Lank

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I got 2 felony juvenile convictions vacated, dismissed and file removed, but, that was 45 years ago, and it was so I could join the Army.

Best thing about it, is that I didn't even have to hire a lawyer or appear before a judge, the recruiter took care of it all.

In all those years since, I was never denied issuance or renewal of my LTC, or C&R license.

The actual charges/convictions against your step daughters boyfriend will play an important role in having the offenses thrown out, but I doubt

many judges in this state will do so without a compelling reason... in order to obtain an LTC is not going to be at the top of their list.



Some people are finding out the hard way about shit that should have been forgotten...



http://www.metrowestdailynews.com/x777659975/Framingham-Police-Officer-s-past-affects-gun-license

Ironically, Wareham is the firearms licensing officer.



This.

Even though my misfortune happened 45 years ago, it never showed up on my CORI, but it did show up on CARI and on a federal CJIS background check from

my last employer (fire department).

The real question is why doesn't the DPRMA allow for criminal records to be annulled, like NH?
 

HARRYM

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Why aren't some case Double Jeopardy?

Being punished "a second" time"?

In 1971, when I was 16, a group of kids were approached by the Police and patted down. I think 2 out of 8 kids had weed on them and as I remember a few pills (forget what they were)

So the 2 were charged with possession of a drug, and the other 6, myself included, were charged with being present where drugs were found.

The being present law was BS and dropped not to long after I was charged with it.

Anyway, at that time it was on the books. So I went to court and the Judge says to my Lawyer, he has no prior records, and no need to give him one now, so I got 6 months with out a finding.....and that was that....or so I thought.

Being a minor, and having no conviction, I never spoke of or discussed the matter again. I also never disclosed in on any of my FID card applications as I truly believed I didn't need to.

So under Deval Patrick he orders the DA to spend millions of dollars to go over DECADES of records with the explicit intent to deny gun licenses to anyone they could find.

So, 44 years later I apply for my latest FID card. My record is clean, maybe 2 speeding tickets at the most, and as always, I made no mention of the 1971 case.

So weeks go by and turn into 4 months, no answer and no return of my phone call. So I go down to the Police station and ask to see the license officer. 15 minutes later he comes out and tells me I may be denied on 2 counts.

1. On microfilm, they found the 1971 case.

2. On my application, as always, I made no mention of it.

So I explain that I never disclosed it as I honestly believed I didn't need to. And I was a minor as well as there was NO conviction for a law that was removed shortly after I was charged with it. They said the micro film was too difficult to see clearly, and if the drug in question was heroin then I could still be denied as being present where heroin was found is still a denial offense today. I said don't be silly, you think the Judge would continue without a finding if it was heroin? Crazy...Then he says, no matter, we can still deny as you failed to disclose on your application.

I said if at the time of my case it wasn't a reason for a FID denial why is it now? Is this not adjudication of my case a second time, i, e, double jeopardy? No comment.

At that point I thought to myself, this guy doesn't want fairness.....he wants my FID card......at 60 years of age, they were going to take away my FID card.

So I said "I think I need a Lawyer" and left.

I also called my State Rep and spoke directly to him. Told him exactly what I wrote here. He said "this sounds ridiculous" give me some time to ask about it.

So 2 more weeks go by and I get a call that my card will be renewed. Crazy, and I get to do it again in 3 more years.

To me, the State is doing all it can to take gun rights away from anyone they can, for any reason they can drag up.

My gut tells me the crap I went through was not not an isolated one.

Sorry for the long post.
 
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Being punished "a second" time"?

In 1971, when I was 16, a group of kids were approached by the Police and patted down. I think 2 out of 8 kids had weed on them and as I remember a few pills (forget what they were)

So the 2 were charged with possession of a drug, and the other 6, myself included, were charged with being present where drugs were found.

The being present law was BS and dropped not to long after I was charged with it.

Anyway, at that time it was on the books. So I went to court and the Judge says to my Lawyer, he has no prior records, and no need to give him one now, so I got 6 months with out a finding.....and that was that....or so I thought.

Being a minor, and having no conviction, I never spoke of or discussed the matter again. I also never disclosed in on any of my FID card applications as I truly believed I didn't need to.

So under Deval Patrick he orders the DA to spend millions of dollars to go over DECADES of records with the explicit intent to deny gun licenses to anyone they could find.

So, 44 years later I apply for my latest FID card. My record is clean, maybe 2 speeding tickets at the most, and as always, I made no mention of the 1971 case.

So weeks go by and turn into 4 months, no answer and no return of my phone call. So I go down to the Police station and ask to see the license officer. 15 minutes later he comes out and tells me I may be denied on 2 counts.

1. On microfilm, they found the 1971 case.

2. On my application, as always, I made no mention of it.

So I explain that I never disclosed it as I honestly believed I didn't need to. And I was a minor as well as there was NO conviction for a law that was removed shortly after I was charged with it. They said the micro film was too difficult to see clearly, and if the drug in question was heroin then I could still be denied as being present where heroin was found is still a denial offense today. I said don't be silly, you think the Judge would continue without a finding if it was heroin? Crazy...Then he says, no matter, we can still deny as you failed to disclose on your application.

I said if at the time of my case it wasn't a reason for a FID denial why is it now? Is this not adjudication of my case a second time, i, e, double jeopardy? No comment.

At that point I thought to myself, this guy doesn't want fairness.....he wants my FID card......at 60 years of age, they were going to take away my FID card.

So I said "I think I need a Lawyer" and left.

I also called my State Rep and spoke directly to him. Told him exactly what I wrote here. He said "this sounds ridiculous" give me some time to ask about it.

So 2 more weeks go by and I get a call that my card will be renewed. Crazy, and I get to do it again in 3 more years.

To me, the State is doing all it can to take gun rights away from anyone they can, for any reason they can drag up.

My gut tells me the crap I went through was not not an isolated one.

Sorry for the long post.

I'm sure it wasn't but also many other LO's wouldn't be so polite to listen and explain, especially to someone younger. I wonder how many lost their license, collection and perhaps were arrested for "Unlicensed possession" due to this kind of nonsense without bothering or knowing to call their state rep, or the state rep is a useless gun grabber who just says "Well, you shouldn't have been there"
 
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I think this will make him a FPP.
I believe that juvenile offenses trigger state of MA, but not federal, PP status. MA may be unique in not wiping the slate clean for juveniles not tried as adults.
I believe that Mr. Boudrie is correct on this. MA is unique in reaching back to juvenile records to create a bar to firearms possession.

It is looking like he should stick to paintball
No. It's too soon to give up. Have him pull his CARI and send a copy to Comm2A or [email protected]. We can give him a quick rundown of his options. If we was adjudicated delinquent for a disqualifying offense, it may be possible to have that overturned. It's a crap-shoot, but usually worth investigating.
 
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