Hi XXXXXXXX,
What would you like to know?
Approx. 24 years ago I woke to find my car missing. I called the police and reported it stolen. The police believed my brother had taken my car and totalled it and that I falsely reported it stolen to protect him. I was accused of perjury and my brother was accused of DUI and leaving the scene, etc... My brother's lawyer advised me to plead guilty to save my brother from going to jail. I was sentenced to a year probation.
My question is... I'd like to get an FID card (my father has an extensive collection and has appointed me to be in charge of them in the unfortunate event of his death). About 5 years ago, I was told by a friend that I needn't worry, that by now the charge would be expunged from my record. I went through the state required gun safety course and have certification but the FID card application specifically asks if I've been convicted of a felony. My father, told me that I pleaded guilty which means I wasn't "convicted". I said I didn't believe that and since the original charge was perjury, I wasn't going to risk another accusation. Question#1... would the charge still be on my record even if I never requested it to be expunged? Question#2...if it were still on my record, would it prevent me from obtaining an FID card in the State of Massachusetts? Question#3... If the charge were expunged, would I still have to list "yes" as the answer on the application? If you need to research and charge more, that will be fine. I just would like to get this settled and behind me. Thank you. Ruth (Iacchini) Dansereau
1) Expungement does not happen automatically - it has to be requested.
2) One cannot get an FID card with a felony conviction on one's record. However, the fact that your sentence was for one year of probation is an indication that this was not a felony charge. If it was a misdemeanor charge, you can still apply for the FID.
3) If your conviction was for a felony, then even if it were expunged, you would have to answer "yes" to that question. And although a "no contest" plea is technically not a conviction, so technically you would be able to answer "no", it would not be a good idea to do so.
If I have fully answered you question, please click on the "ACCEPT" button, as per your agreement with "Just Answer". If you need further information, please let me know.
Thank you.
Is there a way for me to find out what is on my record? Based on the answer, I still don't know what my next steps should be. I live in a small town that processes applications by appointment; should I just leave that part of tha application blank and wait to speak with the police officer reviewing the application?
To get your criminal record, you have to go to your local police department to apply for one. The procedure includes providing a set of fingerprints, and it takes about a half hour to process.
If the perjury charge was a felony (unlikely), it doesn't make sense to even apply for the FID, so it makes more sense to wait until you get a copy of your record first.
You're welcome!
Attorney
Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker