First post so I apologize if this has been discussed.
I'll try not to get too complicated. In college I was convicted of a misdemeanor drug offense that carried a possible sentence that exceeded 1 year, and therefore was a disqualifying crime. It was a full conviction (probation, no jail time), but after completing two years probation, I was able to successfully petition to have my sentence retroactively converted to PBJ, and therefore removing any conviction I once had.
Thinking I was good to go, i went to purchase a long-gun and was delayed and then denied.
I received a call from a MD state trooper a few weeks later who I presume is tasked with charging individuals who attempt to unlawfully purchase a firearm, and told me that after looking at my file, the denial was likely due because when they converted my judgement to PBJ, it looked as though my term of probation had been started over again, therefore seeming like I attempted to purchase a firearm while on probation (which i was not). I decided not to appeal at that time (probably a mistake).
Fast forward a year and a half, I was able to successfully petition to have my record expunged, PBJ and all. At this point I thought I would be good to go. I waited about 6 months just to make sure NICS had time to process or receive my records of expungement.
So i attempt to purchase again and am denied on the spot. I submit an appeal at this point but it's been over a year and when I contact NICS it says they are processing from November of 2015 (my appeal submitted in September of 2016).
At this point i'm sort of at a loss of what to do. Seem's i'll have to wait for my appeal to slowly process, but i'm worried i'll just be back at square one.
Maybe time to get a lawyer involved. Anyone else had an appeal take over a year to process? At this rate it seems i'll be waiting another year at least.
I'm thinking a possibility is that my second denial is a result of them having the first denial on file.
Thank you for your input
I'll try not to get too complicated. In college I was convicted of a misdemeanor drug offense that carried a possible sentence that exceeded 1 year, and therefore was a disqualifying crime. It was a full conviction (probation, no jail time), but after completing two years probation, I was able to successfully petition to have my sentence retroactively converted to PBJ, and therefore removing any conviction I once had.
Thinking I was good to go, i went to purchase a long-gun and was delayed and then denied.
I received a call from a MD state trooper a few weeks later who I presume is tasked with charging individuals who attempt to unlawfully purchase a firearm, and told me that after looking at my file, the denial was likely due because when they converted my judgement to PBJ, it looked as though my term of probation had been started over again, therefore seeming like I attempted to purchase a firearm while on probation (which i was not). I decided not to appeal at that time (probably a mistake).
Fast forward a year and a half, I was able to successfully petition to have my record expunged, PBJ and all. At this point I thought I would be good to go. I waited about 6 months just to make sure NICS had time to process or receive my records of expungement.
So i attempt to purchase again and am denied on the spot. I submit an appeal at this point but it's been over a year and when I contact NICS it says they are processing from November of 2015 (my appeal submitted in September of 2016).
At this point i'm sort of at a loss of what to do. Seem's i'll have to wait for my appeal to slowly process, but i'm worried i'll just be back at square one.
Maybe time to get a lawyer involved. Anyone else had an appeal take over a year to process? At this rate it seems i'll be waiting another year at least.
I'm thinking a possibility is that my second denial is a result of them having the first denial on file.
Thank you for your input