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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23548
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I live in Illinois. in 2003 I was charged with manufacture

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I live in Illinois. in 2003 I was charged with manufacture delivery of cannibus a claas 4 felony ans sentenced to 24 months of 1410 probation. I was under the impression that it wasn't a conviction if I finished the probation which I did. the reason im asking is because I would like to apply for foid but I don't know the law regarding this. ive done a backround check on myself and find nothing about it but it does show up on the circuit clerks office record . im not sure if I am a felon or not.
Hello Jacustomer,

My name is XXXXX XXXXX I am a criminal lawyer.

You would need to apply to the state police. The state says that you have no felony convictions, so you should be eligible to apply. However, the right to a FOID is strictly discretionary. The police do not have to grant it even if you're not considered a felon. You would have the right to appeal any denial. If they do grant this, however, then you have another potential hurdle.

Although the State may see this as a dismissal and allow you your firearms rights, a felony conviction costs you your federal rights too And if you had to plead guilty to this felony before ultimately getting it dismissed, the Federal government may consider that a Felony for purposes of your gun rights.

That means that you could be unable to pass the NICS check if you were to go buy a weapon. If that happens you could appeal the decision to the FBI gun unit. (see link) And you would have to give official proof that the state restored your rights. If that didn't work, you'd need a pardon from the governor to have gun rights again.

Customer: replied 3 years ago.


so does the 1410 probation mean I wasn't convicted? so I can answer "no" when it asks if ive ever been convicted of a felony on the app?

Hi,

You can answer no UNLESS the application tells you that you have to disclose any adjudicated dismissal. Government will be able to see this. Nothing is ever hidden from them.
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