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help needed with a old felony conviction

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wtlvhhte

Member
Hi. I have discovered I have a felony conviction from 1977. It happened in Georgia. I now live in Alabama. I am working with an attorney in the town where it happened. The problem is that the clerk of the court in the county this happened has no record of it what so ever! Like most folks, I suppose, this is all being driven by my desire to get a gun permit. I spoke to the Sheriff in the county I now live in. He suggested I apply for the gun permit as a NCIC check is part of the process. I did that this morning. It did show up. My lawyer in Georgia can't do anything to clear it because the powers that be don't believe it exists. The local sheriff told me what was there, but would not let me have a copy of the NCIC report. He has his rules he must follow. What can I do? I need a valid copy of the NCIC report to give the lawyer in Georgia, but don't know how to get one. Many of the online criminal history checks are bunk. I need a real and valid criminal history. Can you please help me with this problem?
Thank you for your time and support in this matter.
 


Zigner

Senior Member, Non-Attorney
Hi. I have discovered I have a felony conviction from 1977. It happened in Georgia. I now live in Alabama. I am working with an attorney in the town where it happened. The problem is that the clerk of the court in the county this happened has no record of it what so ever! Like most folks, I suppose, this is all being driven by my desire to get a gun permit. I spoke to the Sheriff in the county I now live in. He suggested I apply for the gun permit as a NCIC check is part of the process. I did that this morning. It did show up. My lawyer in Georgia can't do anything to clear it because the powers that be don't believe it exists. The local sheriff told me what was there, but would not let me have a copy of the NCIC report. He has his rules he must follow. What can I do? I need a valid copy of the NCIC report to give the lawyer in Georgia, but don't know how to get one. Many of the online criminal history checks are bunk. I need a real and valid criminal history. Can you please help me with this problem?
Thank you for your time and support in this matter.
Were you, in fact, convicted of a felony in 1977?
 

PayrollHRGuy

Senior Member
I can't imagine for a second that your Georgia lawyer doesn't have access to some sort of legitimate criminal background check system. And you are correct, most of the online systems made for individuals are useless.

I do have to ask though. Do you not remember committing and being found guilty of a felony?
 

wtlvhhte

Member
Oh boy! That's a long story. I was 23 at the time. I was forced to walk home late at night. I did have a small bag of green leafy substance about as big as your little finger. I was thrown in the drunk tank. I stayed there for 3 days. The only food I could get was what other prisoners would give me. What they wanted, what they kept asking me for was consent to a haircut. This was 1977 in the deep South. I could yell down the hall, and there was a guy there who knew my girlfriend at the time. He was getting out soon. I asked him to go tell her to get me out. I was never allowed to make a phone call. She came up with the money. I was never given a court date. I got something like a traffic ticket, and was told I didn't have to come back. I left. I never went back. I never went before a judge, or given the chance to go to court. What I was told on the NCIC report this morning was sale/manufacture/possession of marijuana! WOW! I did not know that until just this morning. Honest answer, I don't know if it was adjudicated.
 

LdiJ

Senior Member
Oh boy! That's a long story. I was 23 at the time. I was forced to walk home late at night. I did have a small bag of green leafy substance about as big as your little finger. I was thrown in the drunk tank. I stayed there for 3 days. The only food I could get was what other prisoners would give me. What they wanted, what they kept asking me for was consent to a haircut. This was 1977 in the deep South. I could yell down the hall, and there was a guy there who knew my girlfriend at the time. He was getting out soon. I asked him to go tell her to get me out. I was never allowed to make a phone call. She came up with the money. I was never given a court date. I got something like a traffic ticket, and was told I didn't have to come back. I left. I never went back. I never went before a judge, or given the chance to go to court. What I was told on the NCIC report this morning was sale/manufacture/possession of marijuana! WOW! I did not know that until just this morning. Honest answer, I don't know if it was adjudicated.
Is your name a common enough one that someone else's felony could be showing up on your record? Could your attorney run his own NCIC report to get the records?
 

quincy

Senior Member
Hi. I have discovered I have a felony conviction from 1977. It happened in Georgia. I now live in Alabama. I am working with an attorney in the town where it happened. The problem is that the clerk of the court in the county this happened has no record of it what so ever! Like most folks, I suppose, this is all being driven by my desire to get a gun permit. I spoke to the Sheriff in the county I now live in. He suggested I apply for the gun permit as a NCIC check is part of the process. I did that this morning. It did show up. My lawyer in Georgia can't do anything to clear it because the powers that be don't believe it exists. The local sheriff told me what was there, but would not let me have a copy of the NCIC report. He has his rules he must follow. What can I do? I need a valid copy of the NCIC report to give the lawyer in Georgia, but don't know how to get one. Many of the online criminal history checks are bunk. I need a real and valid criminal history. Can you please help me with this problem?
Thank you for your time and support in this matter.
You can request a copy of your own criminal history through the FBI. Follow the instructions provided on the following link:

https://www.fbi.gov/services/cjis/identity-history-summary-checks
 

not2cleverRed

Obvious Observer
Hi. I have discovered I have a felony conviction from 1977. It happened in Georgia. I now live in Alabama. I am working with an attorney in the town where it happened. The problem is that the clerk of the court in the county this happened has no record of it what so ever! Like most folks, I suppose, this is all being driven by my desire to get a gun permit. I spoke to the Sheriff in the county I now live in. He suggested I apply for the gun permit as a NCIC check is part of the process. I did that this morning. It did show up. My lawyer in Georgia can't do anything to clear it because the powers that be don't believe it exists. The local sheriff told me what was there, but would not let me have a copy of the NCIC report. He has his rules he must follow. What can I do? I need a valid copy of the NCIC report to give the lawyer in Georgia, but don't know how to get one. Many of the online criminal history checks are bunk. I need a real and valid criminal history. Can you please help me with this problem?
Thank you for your time and support in this matter.
I find this to be an odd statement.

While I do not doubt that you are sincere in your pursuit of a gun permit, most people get background checks for other reasons.
 

PayrollHRGuy

Senior Member
While I do not doubt that you are sincere in your pursuit of a gun permit, most people get background checks for other reasons.
There were more than 2.3 Million NCIC Firearms checks run in October 2019. Since most employers don't run NCIC checks I'd be willing to bet that if firearms checks don't account for the bulk of NCIC checks it is pretty damn close.
 

wtlvhhte

Member
One follow up question. IF I can get the NCIC report and it shows conviction, or adjudication withheld, what is the process to clear my record? To make it go away? Assume that there is no record at the arresting agency. Can you give me a overview?
 

quincy

Senior Member
One follow up question. IF I can get the NCIC report and it shows conviction, or adjudication withheld, what is the process to clear my record? To make it go away? Assume that there is no record at the arresting agency. Can you give me a overview?
I suggest you take one step at a time.

The report you receive should tell you how to dispute entries.

Good luck.
 

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