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FOID card delay with Juvenile record? (11 years ago, 15 years old at the time)

Hoffman Estates, IL |

ISP has determined that there needs to be further review of my application due to an arrest I had for retail theft(less than $10,first and last time) from 11 years ago when I was 15 years old at the time. I am unsure if it was a felony or misdemeanor? I went through a peer review court and did community service. I have nothing else on my record since then.
I have been able to obtain jobs with extensive degrees of background checks since then without any issue, background checks with fingerprinting requirements..etc
I was told that my application is neither approved nor denied, what should i expect? they said all that shows is a retail theft nothing more and that is why it needs further review
I am unsure if it has been expunged/sealed, i will be visiting the circuit court on Monday.

Also, I have always marked "no" for convictions, crimes..etc on job applications since then as i was instructed by the panel and place i reported to for community service since all this was taken care of 11 years ago. And have had no issues with jobs, background checks as i have stated in the above description.

Attorney Answers 2

Posted

If you were charged with a misdemeanor in your juvenile court case, send a follow-up letter to ISP with a certified copy of the Petition and certified copy of the dispositional order. They must issue your card with 30 days.

If you still do not have your card issued, you can, in some circumstances, petition the county circuit court in the county in which you live. You should plan on being aggressive, as ISP is notorious for delays and playing judge and jury when it comes to FOID cards. I have successfully challenged ISP in numerous occasions to reinstate FOID card privileges when they said it wasn't possible to issue the FOID card. Don't let a non-attorney ISP officer tell you what your rights are. Hire an attorney.

Good luck!

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.

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Posted

I visited the circuit court today and also saw a deputy chief juvenile probation officer. They could not find anything for some reason and told me that it was possible that it was never sent to court and that the police department that arrested me conducted their own peer jury review, community service and all that. I was told that that sort of thing can take place from time to time. I went to the police department and I had to fill out a form for a request on my record and was told it would take up to 5 days. I guess now I have to wait to get the documents and fax it to the Illinois State police to show the disposition/outcome. Hopefully the Illinois State Police can finish their "review" before I can fax it to them but I am pessimistic of it. My biggest concern is that ISP simply denies me for having an arrest on my record without really investigating the disposition/outcome or that I was a juvenile at 15 years old and all the other details that surround it. Thank you for your response.

Posted

I agree with Counsel Thomas, you have to protect your legal rights aggressively. The rule of thumb is that any Illinois resident over 21 without any felony convictions is eligible for an FOID issuance. The arrest for retail theft is NOT an evidence of guilt or conviction from any legal standpoint.
Please secure a certified court disposition of that matter from 11 years ago in the court which had jurisdiction of that case at the time. I would suggest meeting with a criminal defense attorney to draft a strong letter to the ISP with all the bona fide proofs of ABSENCE of any precluding felony or misdemeanor convictions (like domestic battery, for instance). No one could expire your Constitutional rights capriciously for any reason if you eligible, that is why still keep the U.S. a free country.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

I visited the circuit court today and also saw a deputy chief juvenile probation officer there. They could not find anything for some reason and told me that it was possible that it was never sent to court and that the police department that arrested me conducted their own peer jury review, community service and all that. I was told that that sort of thing can take place from time to time. I went to the police department and I had to fill out a form for a request on my record and was told it would take up to 5 days. I guess now I have to wait to get the documents and fax it to the Illinois State police to show the disposition/outcome. Hopefully the Illinois State Police can finish their "review" before I can fax it to them but I am pessimistic of it. My biggest concern is that ISP simply denies me for having an arrest on my record without really investigating the disposition/outcome or that I was a juvenile at 15 years old and all the other details that surround it Thank you for your insight. If it gets to the point of denial I will definitely take your suggestions into consideration and take action. I will also try and have a state representative and senator intervene as well if possible.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

As stated in my prior legal opinion, do not attempt to complete it on your own given the gravity of the ISP's position on the issuance of your FOID in the first place. See a competent legal legal counsel. P.S. Thank you for thoughfully marking my prior answer as helpful.

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