I was denied a foid card for a felony I received in cook county IL in 1979. the state police said they can not grant relief for this type of offense and that I would have to petition in writing the circuit court where it happened in. I called the cook county court and was told that my record was destroyed due to age (1979) they said to get a copy of my rap sheet and if its not on there they will issue me a letter of destruction.. My question is how do I go about the appeal. If my record was destroyed does that mean its gone?
This is something you are almost certainly going to need an attorney for. I just don't see you being able to handle this successfully on your own.
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When were you "denied"? Your relief might not be in that old court case at all. It might be in the administrative appeal and administrative review process. BUT...you must move QUICKLY. Find a "licensing" or "Administrative Review" lawyer. It'd be nice if he were also a "second amendment" lawyer but I wouldn't get too hung up here. You need technical competence.
BTW, I'll bet the police reports and the dispositions sent from the court to the arresting agency aren't destroyed. There's more than one way to skin a proverbial "cat."
Every Good WIsh.
Let me get this straight. You want to get an FOID card, but the Illinois State Police said no, because of an old, 1979 conviction, correct? The "relief" and "petition" you said they mentioned, I assume, is to attempt to somehow either expunge, seal, or somehow deal with this old conviction. And they, (ISP) told you to petition the circuit court. You were hoping to obtain the old record to start the "appeal" process, and when you inquired of "the court," they said the record is destroyed. Your question is, therefore, if your record is destroyed, are you in the clear, and can you now get the FOID card, because there is no record of your conviction. Is that your question?
If so, here are my 2 thoughts: first, your record is not "destroyed." The actual file may be no longer, but either the contents of it, or certainly the final disposition is recorded somehow, somewhere. In the old days, they used to put these things on microfiche. Certainly law enforcement has these records somewhere, and you need to find out where, and obtain a copy of that final disposition. Because, second, once your final disposition is known, only then can someone advise you as to whether or not you can obtain any relief. If the final disposition is somehow not a conviction, or, if it is, if you qualify as a veteran, or something, maybe there would be some kind of relief for you. But until that is known, we're just all guessing.
So, bottom line, I agree with my colleagues, that you need to seek the assistance of a local attorney familiar with police archives, expunging records, and gun laws.
Good luck with this.
A FOID card denial is an administrative review proceeding, the appeal to the circuit court being limited to whether the State Police abused it's discretion in denying the FOID card. Going back to the circuit court where the original felony conviction was entered is necessary only if you have doubts that you were actually convicted of a felony. Convicted felons are not entitled to a FOID card unless relief in the form of a Governor's pardon is granted. This requires a filing with that office and there are attorneys who are available for hire to assist you. If you doubt you were convicted, a look up of criminal rap sheets may show the arrest and disposition/sentence to verify a felony conviction.. The clerk's offices I deal with in Illinois have older records of conviction on microfilm or updated computer systems.
I do not buy an explanation that a state felony case record from 1979 is destroyed especially if the felony case resulted in a conviction.
Generally, if you indeed have a felony record such as probation, which is a form of conviction, you will not be issued a FOID by law.
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