NEED HELP!!! Just got a Denial Letter... HELP?!?!

T

tyjack09

New member
Well on Friday afternoon, I get a call from my wife and she proceeds to tell me that I have been denied my CWP Permit from the SLED. A little heartbrokern, I told her I would read it when I got home. I get home and read the letter and it states:

You have been denied because of an arrest for Assault and Battery on October 26, 2004 in Stafford, Virginia I heart sake into my stomach and immediatly got on the phone. A little back history... I was arrested in 2004 for Assault and Battery-Domestic Dispute because my Ex-wife lied and told the Police I pushed her. At the time I was still in the Marine Corps and was so focused on my career, it was just crazy that she would lie and say that. I was released the same night on my own recogizance and had court the next month. When I stepped into the court room, I now Ex-Wife told the Prosecuter the truth and the prosecuter then asked for the case to be thrown out of court and be "Nolle Proqusei" or Non-Processed.

Move to 2010, I complete the CWP course and submit my application and the end result is getting denied. What bothers me was I have been able to purchase handguns, and other guns within the last couple of months, and I hold a Secret Clearance with the Department of Defense. I know that SLED does not care about that but it makes me wonder why. I called SLED and I explained to the lady on the phone that I was never prosecuted and never convited of anything. She stated that I needed to send the paper work from the Court stating this and a letter stating my appeal of the denial.

Great, simple enough right? Wrong. I contact Stafford County Virginia Courts and they tell me that the only way I can get the documents is to go to the court and get them or send them a notarized letter in the mail requesting them and that could take up to 30 days. Since I have only 30 days to appeal the denial, and I don't plan on going back to Virginia anytime in next thirty days, I am in a little pickle.

I know once I get the paperwork together, I can win my appeal with no problem at all. Can anyone offer any advise? I have already wrote a letter, got it notorized and sent it off in hopes that I could get the documents back before my 30 days are up. Any other idea's or things I am not thinking of doing?
 
File the appeal as soon as possible explaining the situation, and keep following up with Stafford Co, VA to verify they receive the letter, I hope you sent it certified, return receipt, if not, and they don't have it within a few days, you may want to send another. You could ask them to call you when they receive it.

Then you'll be able to tell the appeals officer what the status is of your request for records correction. Worst case is your appeal is denied for whatever reason, what's to keep you from reapplying when you get your record corrected?
 
Date-marked receipts

Keep receipts of when you mailed it, printouts of when it was received, names of any people you talked to in Stafford County, etc.

Should your paperwork not come through in time, you would be able to prove that the hold up was with Stafford County and that you did everything possible to get the paperwork for your appeal in a timely manner.

Affidavit from ex-wife that she lied? Or court transcripts where she admits to lying....

Good luck!
 
tyjack09 said:
Sorry if this question comes off kind of ignorant... But what can a VA attorney do for me?
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I think what he meant by saying contact a Va attorney was if he is your acting attorney you maybe able to send him the letter and have him walk into the court office. Have him obtain the paper work that your in need off and then fax it to you and or same-day/next-day mail it to you. Would be faster then waiting for the mail to get your letter to the court house and then waiting for them to mail it back. I would see if a printed copy of the digital transcript from the court room would work. You could also petition the state or court(not sure how apples of CCW's are handled in your state) for a extension due to reasons out of your control. Then get a letter from the VA court stating the steps you need to take to get the records that SLED is requesting and the time frame needed to find/print/mail them off.
 
Okay, to reply to some of the post that have been given...

When I talked to the lady at the appeals office she stated that it would not do me any good to submit my appeal until I have all of the documentation stating my case for appeal. So appealing without the paperwork from the VA court where this occurances happened would not do any good.

As far as getting an avafidavit from my Ex... Well that won't happen. Since our divorce shortly after that situation occured, I have not seen nor spoke to her. I wouldn't even know how to get in contacxt with her. As far as anything from the courts, well there may be something in the paperwork that they will provide but I doubt it. Before the hearing, the Prosecutor pulled her into a room and spoke with her for a hour or so, and I never actually found out what happened. All I know is when we stepped in front of the judge, the Prosecutor immediately asked for the case to be thrown out, because of reasons unknown. I think he was actually trying to help her avoid charges of giving a false statement to a Police Officer. Either way, it was thrown out, I was not convicted of anything and a couple months later I saw her again in court finalizing our divorce.

I guess I could just re-apply if I don't make the 30-day deadline. Honestly, I already have the certificate showing my class requirement, and qualification requirement, plus I am a Disabled Veteran and in South Carolina, that waives the fee that they charge for the permit. Obtaining finger prints wouldn't be that hard because I work for the Federal government and we do them all the time for folks needing to get there clearances. I never actually thought of just reapplying, But I guess the fear of having to prolong getting my permit any longer than it has to be is frustrating and making me want to fix this now rather than later. South Carolina is getting better with their timeframe of issuing the permits, but it is still a long wait compared to most other "shall issue" states.

As far as contacting an attorney... That is a good idea. Even if I have to pay a small fee for them to do that, then it might be faster. I will give a few local attornies a call and see what they can do. Great Idea. When I did send the letter, I put a self addressed stamped envelope in their as well so all they would have to do is put the paper work in their and mail it off... Trying everything I can short of just driving up there and getting the documents myself.
 
tyjack09, sounds like a bad situation man. It seems to me that the shall issue part is being ignored by sled. With no conviction you never broke any law. Being as you can legally purchase a handgun in this state I would think this arrest would be a non issue. Hope you get it straightened out man.
 
Sounds like you are on the right track, just a pain in the tuckuss - but keep with it... I was in a similar situation, and had to jump though some hoops, but it's worth it. Don't give up!!!
 
homershoots said:
tyjack09, sounds like a bad situation man. It seems to me that the shall issue part is being ignored by sled. With no conviction you never broke any law. Being as you can legally purchase a handgun in this state I would think this arrest would be a non issue. Hope you get it straightened out man.
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That is the thing that is so baffling to me...

I have bought at least 3 handguns and 2 long guns legally where they do the check through the FBI since the incident happened, AND...

I was able to get a Secret Clearance through the Federal Government... I would think that if that arrest was an issue, I would not be able to get my clearance (I have seen strange things happen) and most certainly not be allowed to purchase any guns legally.
 
What county are you in? It may be a denial from the Sheriff's Office since they have to sign off on it. I have a friend that had a similar problem and he contacted the Sheriff's Office and they took care of it. He was busted with pot in NC when he was young and they were able to get it resolved. They can get the info quicker and they will send the letter to SLED. He made an appointment with the Greenville County Sheriff, plead his case and got his permit. Worth a call.
 
I'm still trying to figure out what STATE he's in. None the less, in a may issue state, the decision is left to the discretion of the police chief / sheriff yada yada. I know a guy who had an arrest on a spousal abuse charge and after explaining what happened and it was run by the arresting officer he got his CC.

Get your ducks in a row. ALL of them. Then present your strongest case you can muster. Be patient. Be thorough. Good luck.
 
I would check to see if you are able to access CLERK of the Courts via the Internet. A lot are now accessible and list records of arrest and or adjudication of the arrest. If they do and system show null pros, I would think this would assist in clearing your name. OR push comes to shove, re-submit after all paperwork is in order. SOMETIMES, things just take time............Good Luck, Semper Fi!
 
Alright, Here is some clarification of some of the earlier post and what you guys are asking...

The incident that took place in 2004 was in Stafford County, Virginia.

I currently live in Berkely County in Ladson, SC.

So I doubt that contacting the local Sheriff in Stafford, Virginia is going to care to much about helping me obtain a CWP in the state of South Carolina. I'm sure that he has more things to worry about then helping me get my CWP in two states south of him.

I never thought about asking if I could access the records online. I would imagine though, if it was that easy, the lady I spoke with from Virginia Court would have directed me to the website, but it wouldn't hurt to ask. The worst they could say is no right?

Thanks for all the feedback... This is good stuff. Thanks and please keep it coming.
 
tyjack09-your local county sheriff is the one to call bud, not Virginia . Sled contacts your county sheriff and they may have possibly thrown the wrench in the works-wouldn't hurt to call or even go talk to them in person.
 
homershoots said:
tyjack09-your local county sheriff is the one to call bud, not Virginia . Sled contacts your county sheriff and they may have possibly thrown the wrench in the works-wouldn't hurt to call or even go talk to them in person.
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Alright so what your saying is, SLED contacts the Sheriff's Office of the county I currently reside in here in SC... Then the county Sheriff's Office runs a check and reports back to SLED...

This is all starting to come together for me... If the above is correct, SLED only utlizes local agencies to run the background checks vice when I went for my security clearance and bought my guns, the background checks for those things are run by federal or national agencies, i.e. the FBI... It makes sense of why SLED only see's the arrest but not the outcome of the charges being dropped and the case being thrown out.

homershoots... Thank you for the heads up... Fortunately I have a few friends that work for the Berkely County Sheriff's Office and they will be able to help get the answers I am looking for or at least get me started in the right direction.
 
tyjack09 said:
Alright so what your saying is, SLED contacts the Sheriff's Office of the county I currently reside in here in SC... Then the county Sheriff's Office runs a check and reports back to SLED...
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That's correct just like the example I told you about in my post. If you satisfy the Sheriff's objections they will the sign off on the CWP. All they see is the arrest on your record not the outcome.
 
I had the same thing happen to me when I applied. The only difference was that the court records required were 40 years old. When I contacted the courts to find out what I needed they told me the same thing with regards to time frame. I filed my appeal with SLED and explained in the letter that I was attempting to get the records and would supply them as soon as I received them. In the letter to the court I indicated that I needed to supply the records to SLED within 30 days. I think I received the records in just over a week and sent them on to SLED. As soon as they received the records they processed the appeal. In the denial letter from SLED they indicated that as a matter of policy they deny applications for any arrest/conviction. If it appears in the background check they deny the app. You'll be fine just submit it and do what you need to.
 
If the county clerk in VA really doesn't offer an expedited service to citizens (FedEx + a fee) like the last poster described, you can hire (by phone) a legal courier in that county instead of a lawyer. The courier will go to the Clerk's office, do the research for you, and FedEx the certified copies to you. Probably the same day, and much cheaper than a lawyer. That's who a lawyer would hire to do it.

Worst case scenario, file your appeal with the Chief of SLED before your 30 days are up even if you don't have the documentation yet. That way your appeal isn't denied for untimely filing. Explain the situation, and request that he obtain the disposition information. Alternatively, request more time to provide the documentation.

If he quickly denies your appeal before you have time to amend it with the additional documentation, then you still have 30 more days from that date to file another appeal with the Administrative Law Court. And the ALC will accept amended filings, so really you have even more time to get the documents. SLED will probably issue the permit to you as soon as you provide them with the disposition documents, so you'll probably never have to go to court.

If the Berkeley County Sherriff can help you, great. If not, don't let the 30 days expire without filing something with SLED. This really isn't a big deal, if you don't let the time expire. Just hire a courier up there in VA. Here's one I found up that way with a quick Google search:

Professional Legal Resource Group
123 Martin Drive
Manassas, VA 20111
(888) 216-1880

There may be others up there who are cheaper, better, quicker, not out-of-business. Who knows? Not me. Try an old Yellow Pages from up that way, if you have one. Ask the Clerk's office for a recommendation. Good luck.
 
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