Appeal Your NICS Denial

Gun RightsFinally, there is some great news for people whose Second Amendment (2A) rights were improperly denied. The FBI’s The National Instant Criminal Background Check System (NICS) website again has an appeals page. Many firearms owners and hopeful gun purchasers were wrongly denied gun purchases following their NICS check. For the last year, these people had no opportunity to appeal… Until now. If you were denied a purchase, you can appeal your NICS denial.

Halting Gun Sales

In October 2015, NICS’s appeals workers were transferred to other positions within the organization. People who were denied the purchase of a firearm had no recourse. The NRA and other 2A organizations and authorities decried the transfer of employees as a backhanded attempt at preventing legitimate firearms purchases by eligible citizens.

Would be purchasers were out of luck. They could file an appeal, but there were no employees to process the appeal. Those appeals kept rolling in and piling up as frustrated purchases took what steps they could to correct the improper denial of their 2A rights.

Reclaiming Firearms Rights

We’re almost out of the woods now. People who appealed their NICS firearms purchase denial now have a chance at relief. Those who have recently been denied, should feel encouraged to appeal the NICS finding of ineligibility to purchase a gun. Unfortunately, there is still a year and  a half backlog of previously filed appeals.

If you were denied a firearm purchase following your NICS check, there are some things you need to know and do. Make sure that you get any information about the denial that you can. FFLs should give you whatever information they received, which generally isn’t much, but it will help you start the appeal process.

The next thing you’ll want to do is visit the FBI NICS information website here. It’s a pretty easy site to navigate, and it will help you get the information you need to file an appeal. You can definitely start the process on your own, and if you are again denied, you may want to contact an attorney to help you out.

If you have any 2A questions, call the attorneys at Durflinger Oliver & Associates for a free consultation, (253)683-4180.

False-Confession-Lawyer

Vacating A Misdemeanor Conviction (Clean Up That Record!)

Expungement, expunge, Vacate

Clean Up Your History!

Who doesn’t love a good vacation? Nobody! Everybody loves vacation. This is especially true if you were ever convicted of a crime!

In Washington State, The process of removing a misdemeanor conviction from your criminal history is called vacation. Vacating a conviction has requirements, and it can be done only once in a lifetime on your most recent charge.

Here’s how it works:

  1. The court vacates the judgment and sentence and then dismisses the charge(s) against you.
  2. This gets rid of your conviction.
  3. Once your conviction is vacated, you can honestly say that you were never convicted of the crime.
  4. The conviction is removed from the defendant’s criminal history.
  5. The vacate order is sent to the WSP and FBI, which then update their databases.
  6. Record of the conviction may not be disclosed to any person except other criminal justice enforcement agencies.

While certain rules apply to determine whether a person qualifies to have a conviction vacated, it is important to remember that any decision to vacate a conviction is up to the judge. Generally, if you’ve done what you’re supposed to, the judge will vacate your crimes.

Washington State has several laws dealing with the ability to vacate an adult criminal conviction. Each applies to a specific type of case. Each has its own unique set of factors you must meet to vacate a conviction. In most instances the judge has the discretion to grant or deny a request to vacate a conviction.

RCW 9.94A.640 – Felony Convictions

Washington law allows a person to vacate most class B and C felonies. Class A felonies, violent crimes, and crimes against persons may not be vacated. For class B felonies, you must wait ten (10) years to vacate after receiving a Certificate of Discharge. For class C felonies, you must wait five (5) years. During this time you must not have any criminal convictions of any kind. It is possible to vacate more than one felony conviction.

RCW 9.96.060 – Misdemeanor and Gross Misdemeanor Convictions

Generally, a person must wait 3 years after completing all conditions of sentence to become eligible to vacate a non-DV conviction. For domestic violence offenses, you must wait 5 years after paying off your legal financial obligations, completing probation, treatment, etc. In 2012, the Legislature changed this law to require persons with a DUI reduced conviction (Negligent Driving, Reckless Driving, or Reckless Endangerment) to wait ten years. Certain crimes, like DUI’s and sex crimes, cannot be vacated. You must wait five (5) to vacate domestic violence crimes. You must meet several more requirements to be eligible to vacate a conviction. Unlike the felony law, you may only vacate a single misdemeanor conviction from your record.

If you have any questions about cleaning up your criminal history, you can trust the attorneys at Durflinger Oliver to meet with you for free and explain all your options. We offer a military discount and easy payment plans.

~ Martha McLaughlin, Sr. Associate