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  #1  
Old 08-21-2019, 8:56 PM
bigstick61 bigstick61 is offline
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Default Friend Has CA-Related Issue Getting TX CCW

My best friend moved from CA to TX last year. Anyhow, he decided to apply for a CCW permit there. He was denied because when they did his background check they claim they found a juvenile charge in CA without a disposition (I think they said it was for burglary). He's also been getting delayed every time buying from a dealer (he never had an issue with DROS in CA, though, only with NICS in TX).

He hardly has any recollection of whatever happened (in 2000, when he was 12) and his mom said she thought there was a plea deal and that for sure he had a probation officer for a brief period (sounds to me like a conviction on something). Arresting agency was LASD. Whatever it was, it hasn't stopped him from buying guns or enlisting in the USMC for 10 years. But it is keeping him from getting a CCW permit and making buying guns more of a PITA.

What I'm trying to find out for him is if he needs an attorney to be able to find and access whatever records may exist on his case in CA. TX wants a certified court copy of documents showing disposition of the case. He has no case number for reference. He also wants to know if it's possible for him to have someone else (like me, for example) look up and go and get the records for him instead of hiring an attorney, or if there's a way to at least look up some basic info online himself.

He also wants to know if whatever he finds can be expunged or dismissed in some manner. To this end, we're both fairly certain that he'd need an attorney. He's looking for recommendations for attorneys in or near LA County (he suspects his case might have been handled in Pomona, but he really doesn't know) to handle expungement or anything like that, and if necessary, acquiring records in the first place.
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Old 08-21-2019, 9:02 PM
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He could try contacting juvenile department in the county where this happened.

But he should get a lawyer. Contact Jason Davis
http://calgunlawyers.com/
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Old 08-22-2019, 3:39 AM
justmedave justmedave is offline
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I had the same happen two times I have a juvenile charge with no disposition. I just paid $10 for the print out @ the juvenile records la county. Then I sent a copy to Arizona I was applying for non resident ccw. The investigator assigned to me just asked for the disposition. It also happened again with my ffl03. The guy assigned to my app just needed the disposition also. They where both approved.

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Old 08-22-2019, 11:38 AM
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California, the gift that keeps on giving, even if you leave.
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Old 08-22-2019, 12:02 PM
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Easy solution, no lawyers needed.

Have your friend move back to CA. Why go through all the headaches for if buying is a lot easier here in CA (in his case) than it is in TX.
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Old 08-22-2019, 12:08 PM
bigstick61 bigstick61 is offline
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Originally Posted by justmedave View Post
I had the same happen two times I have a juvenile charge with no disposition. I just paid $10 for the print out @ the juvenile records la county. Then I sent a copy to Arizona I was applying for non resident ccw. The investigator assigned to me just asked for the disposition. It also happened again with my ffl03. The guy assigned to my app just needed the disposition also. They where both approved.

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But you were here in CA and could physically get your records, no? Can he get a certified copy printed and mailed to him by the court records office?
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Old 08-22-2019, 12:20 PM
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But you were here in CA and could physically get your records, no? Can he get a certified copy printed and mailed to him by the court records office?
Yes I was here in California. Yes you can physically get your court records. You just need to know what county court handled the case. Once you have that info you can go to the courthouse and pay for a certified copy. It's on superior court letterhead paper with a stamp from the clerk who did the records search. The juvenile record request included the arresting agency, date, charges, case number and disposition of charges. I scanned it and emailed it to each agency requesting the disposition. They where satisfied with that and approved my apps for ccw and ffl03. As far as you requesting the documents for your friend you can not due to privacy reasons regarding juvenile convictions. So I'm pretty sure you need power of attorney to request.

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Old 08-22-2019, 4:07 PM
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Originally Posted by justmedave View Post
Yes I was here in California. Yes you can physically get your court records. You just need to know what county court handled the case. Once you have that info you can go to the courthouse and pay for a certified copy. It's on superior court letterhead paper with a stamp from the clerk who did the records search. The juvenile record request included the arresting agency, date, charges, case number and disposition of charges. I scanned it and emailed it to each agency requesting the disposition. They where satisfied with that and approved my apps for ccw and ffl03. As far as you requesting the documents for your friend you can not due to privacy reasons regarding juvenile convictions. So I'm pretty sure you need power of attorney to request.

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I wonder if he can call or e-mail and request them and have them mailed to him, or how giving me power of attorney for this purpose would work. He's physically in TX while I'm in LA County.
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Old 08-22-2019, 4:41 PM
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But you were here in CA and could physically get your records, no? Can he get a certified copy printed and mailed to him by the court records office?
Tell your friend to pickup a phone. I had court certified records mailed to me from Texas while I lived in CA. I called the court clerk, paid $15, got records with court clerk seal and signature.

Get on the phone, start calling people. Start with juvenile probation or juvenile dept. Juvenile records are harder to come by, so he should start there if he doesn’t want an attorney.
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Old 08-22-2019, 9:32 PM
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Quote:
Originally Posted by bigstick61 View Post
My best friend moved from CA to TX last year. Anyhow, he decided to apply for a CCW permit there. He was denied because when they did his background check they claim they found a juvenile charge in CA without a disposition (I think they said it was for burglary). He's also been getting delayed every time buying from a dealer (he never had an issue with DROS in CA, though, only with NICS in TX).

He hardly has any recollection of whatever happened (in 2000, when he was 12) and his mom said she thought there was a plea deal and that for sure he had a probation officer for a brief period (sounds to me like a conviction on something). Arresting agency was LASD. Whatever it was, it hasn't stopped him from buying guns or enlisting in the USMC for 10 years. But it is keeping him from getting a CCW permit and making buying guns more of a PITA.

What I'm trying to find out for him is if he needs an attorney to be able to find and access whatever records may exist on his case in CA. TX wants a certified court copy of documents showing disposition of the case. He has no case number for reference. He also wants to know if it's possible for him to have someone else (like me, for example) look up and go and get the records for him instead of hiring an attorney, or if there's a way to at least look up some basic info online himself.

He also wants to know if whatever he finds can be expunged or dismissed in some manner. To this end, we're both fairly certain that he'd need an attorney. He's looking for recommendations for attorneys in or near LA County (he suspects his case might have been handled in Pomona, but he really doesn't know) to handle expungement or anything like that, and if necessary, acquiring records in the first place.
Most 12 year olds would remember being arrested until the day they die, and that includes details. Something is fishy with this story.
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Old 08-23-2019, 12:38 AM
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Most 12 year olds would remember being arrested until the day they die, and that includes details. Something is fishy with this story.
He remembers the arrest itself, with details. He doesn't remember the court hearing or what followed other than that he did not go to jail.

I remember getting arrested around the same time (within a few months, anyways), but I don't remember anything afterwards. My parents told me there was a hearing and the arrest was deemed unlawful. They thought they had maybe gone to get it expunged, but it came up in a BG check a while back, and then they weren't sure about that, but I'd have no clue either way without them saying something. I only remember the arrest, getting booked, and sitting in a room (not a cell) before getting picked up a few hours later. If I went to court, I don't remember it.
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Old 08-23-2019, 12:40 AM
bigstick61 bigstick61 is offline
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Quote:
Originally Posted by SkyHawk View Post
Tell your friend to pickup a phone. I had court certified records mailed to me from Texas while I lived in CA. I called the court clerk, paid $15, got records with court clerk seal and signature.

Get on the phone, start calling people. Start with juvenile probation or juvenile dept. Juvenile records are harder to come by, so he should start there if he doesn’t want an attorney.
Already done. Gave him the info for LA County Superior Court. He's gonna try that first and if necessary, a local attorney who's a friend of mine. I gave him a couple of names I saw here as well (including Jason Davis) and their contact info for when he wants to do an expungement.
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Old 08-23-2019, 7:45 AM
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I post this as a general response to the question presented. I had a client that had an issue when applying for a NV CCW. There was a record of a juvenile arrest with no further action. Filed a petition naming the county probation department, the local police department, the local district attorney, and California Department of Justice as respondents. The petition sought to force these agencies to correct their records and to thereafter seal the person's record pursuant to Welf. & Inst. Code, § 781. This is filed in the Juvenile Court under seal.

Look at Penal Code section 851.6 for what the law enforcement agency should have done. See also T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 770-771. "In this case we hold that a juvenile who has been temporarily detained by juvenile court authorities and subsequently released without further proceedings does not become subject to a record which should be described as an 'arrest' or 'detention' record." See also T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 780. "... Welfare and Institutions Code sections 676, 781, and 827 should be interpreted to permit the juvenile, who has been temporarily detained by the authorities and subsequently released without further proceedings, not only to deny that be has been arrested, but, also, to deny that he has been detained or otherwise subjected to juvenile court proceedings."
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Old 08-23-2019, 7:57 AM
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There are a ton of folks who don’t think they were found guilty as their cheap lawyer said

Here is a deal- you don’t plead guilty to X, you say “no contest” and they will give you 6 month unsupervised probation and take a class. It’s as if nothing happened as long as you don’t get in trouble for 6 months.



You need a copy of the court documents and to understand what your 1 year old self agreed too
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