What should I have done?

[Red 9]

Hey guys. About a week ago I dropped off my PTP at my local police office. One of the questions on the form asks if you have been convicted of 5th degree assault after 1992. Well, in 1997, when I was 14, I got in a fight and was charged with 5th degree assault {had no prior assaults or any more after that incident}. I was almost positive this would not show up on my record since I was a minor and it was 11 years ago, but, to be safe I checked yes on the form. Today, as expected, I get the call from the police station and they say they did not find such charge on my record and they thought maybe I just made a mistake. I explained to the lady the situation, but now the whole process is delayed, and she never called me back as she said she would. So, I am just curious, since the charge is technically not even on my record anymore, should I have told her anything, or just said, yes, I made a mistake? I just do not understand how a charge that's not even on my record could have any affect on my PTP application. Thanks!

[justaguy]

You shouldn't have gotten in a fight back in '97. You get what you pay for with my answers.

[Red 9]

You shouldn't have gotten in a fight back in '97. You get what you pay for with my answers.

I was a 14 year old kid

[Wadero]

Did you win the fight?

[hammAR]

You shouldn't have gotten in a fight back in '97. You get what you pay for with my answers.

I was a 14 year old kid

................so was justateen, and he is still upset you mashed his potatoes.......


...and yes you did right..............

[Red 9]

Did you win the fight?

Of course

[compconsultant]

Hey guys. About a week ago I dropped off my PTP at my local police office. One of the questions on the form asks if you have been convicted of 5th degree assault after 1992. Well, in 1997, when I was 14, I got in a fight and was charged with 5th degree assault {had no prior assaults or any more after that incident}. I was almost positive this would not show up on my record since I was a minor and it was 11 years ago, but, to be safe I checked yes on the form. Today, as expected, I get the call from the police station and they say they did not find such charge on my record and they thought maybe I just made a mistake. I explained to the lady the situation, but now the whole process is delayed, and she never called me back as she said she would. So, I am just curious, since the charge is technically not even on my record anymore, should I have told her anything, or just said, yes, I made a mistake? I just do not understand how a charge that's not even on my record could have any affect on my PTP application. Thanks!

Not sure why it matters now, since it is already done. You do still have the problem of no permit.

By law they must give you your permit or deny it within seven days. Of course, if you push them on it, they may just deny it. Then you would have to appeal in district court. I would start getting ready for an appeal now, if having the permit in a timely manner is important to you.

I am not a lawyer and this is not legal advice.

[911scanner]

IANAL... but my experiences are these.

I have a very vast criminal history as a juvenile... but never did any "hard" time (no assaults, no weapons charges, etc.) I also have 23 years of sobriety, all of my use being when I was a juvenile.

While I did have a GM weapons charge as an adult that has since been adjudicated from my record, I answered NO for felony convictions, chemical dependency treatment (voluntary), chemical addiction, etc.

Had no problems with these answers. If it were a problem, it would have shown up in Hennepin County records or the FBI for sure. The only problem I did have was when the MN BCA screwed up the GM charge, but that's another story for another day.

I sure wish you would have asked before, as you may have benefited from my experiences. But you did the right thing in being honest, albeit that it may cost you with the permit issues. Unless you have crimes of violence on a juvenile record, I believe it is sealed unless the court opens it up.


MM

[55075]

I have a 5th degree assault on my record as an adult from 7 years ago. It was a non issue and I was approved. If I remember correctly its 4th degree and worse that will get you denied.

[ttousi]

Best to answer all the questions honestly...........then nothing comes back and bites you. yes you did right!

[princewally]

Juvenile records are sealed and don't follow you all through life. It's that way for a reason(kids are stupid). Juveniles convicted of felons are usually considered felons, they are considered "adjudicated juveniles". Also for a reason(kids are stupid).

If it's on your juvenile record, you can generally ignore it safely, unless you are up for an in-depth FBI-style background check.

[Red 9]

Thanks for the replies, fellas. I am glad I was honest and the delay was not too long. I got a call this morning and my permit is just waiting for the Police chief signature and then I can go pick it up. It is nice to know that my record is squeaky clean

[ttousi]

Congrats............just in time for you to buy your Christmas present

[Thunderjohn]

Thanks for the replies, fellas. I am glad I was honest and the delay was not too long. I got a call this morning and my permit is just waiting for the Police chief signature and then I can go pick it up. It is nice to know that my record is squeaky clean

I hope it was the chief's kid you beat up on.

[Red 9]

You guys won't believe this! Last week on Friday I still had not been called back for the permit, so I gave them a call. I am then told I need to bring in some sort of court document or something to show my rights have been restored???? So I dug up my old court papers and right there on the paper it says "juvenile adjudication" which I have now learned is obviously not the same as a conviction. So, while it was a pain and I had to wait another weekend, I figured this would finally settle this fiasco. Fast forward to today, I call them yet again, and guess what, now the chief wants some attorney or district attorney to look over my papers before signing the permit! Not only was it a juvenile adjudication, but those juvenile records are permanently sealed when I am 18, so technically I have absolutely nothing on my record, yet they won't give me a permit. I am a pretty patient person, and I know that is all my fault for not doing my research, but, wow, what a horrible experience this has been! I put in my app. on the 5th! Oh, and the clerk on the phone told me this is a new police chief which I do not believe excuses such ignorance of the law. I qualify for the PTP in every respect yet they won't give me one. I am so scared they will deny me this because of them not knowing the law! What could I do if they deny me it? Should I take some sort of action now like filing a complaint? I am so frustrated guys