Received letter today saying they denied me for non res LTC today in Mass because I didn't fill out Question 5 honestly on the App ( have you ever been arrested)... The said they found a record from the state I live in (RI) from an arrest in 1997. I answered No to that question because in 2009 I went before supreme court judge and had my record expunged. I currently have valid LTC's in 5 other states including RI. I called mass today the person said i should write a letter to appeal which I have done and mailed today, I included a copy of the paper I received from the court proving my record was expunged. Has anyone been thru a similar experience in Mass if so what was the final outcome?
I Got Denied today for Mass non resident LTC
- Thread starter Pcgjr47
- Start date
Paul Brennan
New member
doesn't matter..you were arrested.. whether or not it got expunged is irrelevant..and you lied about it to begin with..that doesnt fly. I just got denied from an arrest in 1999..and I included it on my application...2nd time getting denied for the same reason..
revolverboy
New member
Its based on that you arrested & said you weren't. MA can be fussy about that. They usually ask "if you've ever appeared in court as a defendant for any criminal or criminal traffic offense". Doesn't matter if you were convicted or if it was expunged. "Did you appear in court" is what they're looking for. Now....what happened may not be a disqualifier and maybe you could get an LTC but they see that you were less than truthful.
Letter just stated I was denied do to the fact I didn't honestly fill out the application. Said they found the record of my arrest and what it was. It did not state wether the arrest was also part of the reasoning... I thought I was being honest answering "no" to the question I was under the assumption that when my record was expunged the records were to be destroyed and legally I could answer "no" such a question on any application
revolverboy
New member
I tell my gun students....."Welcome to the Commonwealth!".
snatale42
New member
No, its not irrelevent! Sealed records must me mentioned, When something is expunged its treated as never happening and you do NOT have to mention it. Thats the entire purpose of an expungment vs a seal. Looks like RI expunged the court records but not the arrest. Unfortunatley arrests and convictions are not the same thing.
I explained in my letter when and where it was expunged and also provided documentation... I guess I'll have to jump threw some more hoops and see where it gets me... I plan on taking whatever steps necessary to have the decision reversed. Prob take months but i will post an update when I hear from them. Hopefully I can help out someone in a similar situation
revolverboy
New member
In MA they don't ask for convictions. They ask for appeared in court as a defendant. So if you appeared in court then it was expunged, you still appear in front of court as a defendant. When you have a sealed file, they can't get the details but they will find out if its a disqualifying event or not.
Joe Plumber
New member
That's not correct
The question is "have you ever appeared before a judge". If one has only been arrested and not summoned to court or charged, then the answer to number 10 is "NO".
The question is "have you ever appeared before a judge". If one has only been arrested and not summoned to court or charged, then the answer to number 10 is "NO".
I was in a bit of trouble when I was 17. When I was 21 I got the governor to give me a pardon. I bought a radar detector from a friend who stole it. At the time it was a felony to receive stolen property valued over $100.00. The law was changed several years later to over $200.00. Anyway up until about 10 years ago I would answer no to that question. Now you must answer yes no matter when it was, give them paperwork and any info on it and then it will go through. I copy the application and put exactly what was on the prior app. They are looking for full disclosure. I have New Hampshire, Florida and Utah also. Utah specifically say if you have ever been convicted of any felony it is a no go. I even called and spoke to someone there and they told me not to even bother because they won't give me one. I sent a copy of all the paper work from the governor and the pardon and they sent me the ltc. Good luck
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