Menacing plea

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Menacing plea

Postby esprrfan2001 » Wed May 10, 2017 8:33 pm

A co workers wife took a plea deal to 4th degree menacing. She has a CHL, part of the deal was surrender her weapon to the township PD. After completing the court ordered counseling the charge dropped and espounged. She was told the court will order the return of her weapon. She said the PD told her that at turn in. Will she still be able to maintain her CHL?
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Re: Menacing plea

Postby MyWifeSaidYes » Thu May 11, 2017 12:40 am

If the charges are dropped and her record expunged, there would be nothing to keep her from re-applying.

To be sure the Sheriff issues her a CHL, she should include with her application any order from the judge to expunge and/or to dismiss charges.
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Re: Menacing plea

Postby djthomas » Thu May 11, 2017 6:59 am

By the way, there is no such thing as expungement anymore. Well, there is, but it doesn't apply to cases like this. At best her record has been sealed. So it's still there, there's just limits on who can see it and for what purposes. Sealed records don't count against you, and an arrest with the charges dropped shouldn't either.

However the background check might take a little longer if the records are incomplete which happens a lot. Sometimes when charges are dropped the record never gets updated so the sheriff will see an arrest for a disqualifying offense but no disposition. Thus it's necessary for him to get on the horn with the court and sort it out. It doesn't change the 45 day window any.
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Re: Menacing plea

Postby esprrfan2001 » Sat Aug 05, 2017 10:24 pm

That's what I advised him to tell her keep a copy of the dismissal and the order to release her weapon back to her incase any question come up at her renewal
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