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How is it that police can 'require' arrest record for concealed weapons permit, being that only convictions should apply???

Albany, NY |

How is it that police can 'require' arrest record for concealed weapons permit, being that only convictions should apply???
I have no criminal record and only some false arrests that never went to a court trial and were all dismissed and should not apply since there wasn't a trial and I was not found guilty of anything and even the courts stated that they never occurred since they were dismissed.
Thank you.

Attorney Answers 3

Posted

This is one of the exemptions in the sealing statute.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Huh, what exemptions, there weren't any exemptions??? There was No admission of guilt, there was No plea of guilt, there was No trial, there was No conviction, so how can they legally do this without a trial and conviction??? What ever happened to innocent until PROVEN guilty which never occurred; unless america is now using the 'nazi/soviet style jack booted thug rules' then it would make sense, I guess[roll eyes]???

Eric Edward Rothstein

Eric Edward Rothstein

Posted

It is the law. Read Criminal Procedure Law section 160.50, which says in part that records of sealed cases that terminated in favor of the accussed shall be made available to: "any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license."

Asker

Posted

So basically then under 'jack booted thug' law, in complete opposition to any rights which I don't apparently have, even though I have No convictions and only some false arrests, I am still persecuted for crimes that I didn't commit, that's nice??? And so then having these false arrests, I will of course no doubt be denied a concealed carry permit based on the arrests. That's great, so what country was this again...[roll eyes]

Posted

they are able to see your full record which includes sealed convictions as well as arrests.

All comments and/or opinions are for general information, and do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.

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Asker

Posted

Since an arrest means nothing without a conviction how is it fair to hold that over someone then?

Posted

Because of the nature of a Gun Application.

Patrick Caston Crowley, Esq. (718-769-6352) Law Offices of Marina Shepelsky, P.C. 2306 Coney Island Avenue, 2nd Floor Brooklyn, NY 11223 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

Very well, but since they false arrests and not convictions can a person still be denied the carry permit both in a 'May Issue' State and in a 'Shall Issue' State or just in the 'May Issue' State?

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