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  1. #1
    Join Date
    Oct 2017
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    3

    Default How Long Does it Take for a NICS Background Check to Show Updated Information

    My question involves criminal records for the state of: WV
    I have had a successful state felony criminal offense reduction to a reduced misdemeanor. On the judges order i have it states my right to own and posses a fire arm will be immediately restored, same with voting and right to hold public office. Now the local agencies that have records relating to the arrest have 90 days to certify that they have altered their records to reflect the reduced misdemeanor. Some of those would be the arresting agency and court, etc.
    At what point does the NICS background check thing change to no longer show that i was a felon? Will it update at some time after the agencies change their records? Do i have to send in a copy of the court order? Do i have to submit an appeal?
    The bill that this was done under is WV Senate Bill 76, wv 61-11b-1 to 5 http://www.legis.state.wv.us/Bill_St...sstype=RS&i=76

  2. #2
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Nics Check After After a Criminal Offense Reduction

    I hold an FFL in WV.

    States report disqualifiers to the FBI NICS very quickly; restoration of rights, not so much. If you attempt to purchase a firearm and get denied by NICS you can appeal the decision but there is a long wait, as of a few weeks ago they were starting to process appeals that were filed a year prior. The process is free and you can find out about it at:
    https://www.fbi.gov/services/cjis/ni...m-nics-appeals

    In WV if you have a concealed carry permit then the FFL can bypass NICS. I would suggest getting one if you qualify.

  3. #3
    Join Date
    Oct 2017
    Posts
    3

    Default Re: Nics Check After After a Criminal Offense Reduction

    Thanks for the quick reply.

    I read a little before about the NICS appeal process. When i saw on the webpage it says they were processing appeals from august 2015 i was amazed, i guess if they are doing august 2016 its a little better but still bad.

    I now qualify for the CCW permit is WV. I do have a small question or concern though. On the CCW application it requires a NICS check. The sheriffs office performing the check would know about my felony reduction case as they would have been ordered to change their records, its just the NICS thing that I could foresee being a hiccup.

  4. #4
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Nics Check After After a Criminal Offense Reduction

    If you fail NICS as part of the CCW process then working with your local authorities to get the corrected data sent from them to the FBI will likely be faster than going through the FBI appeals process.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Nics Check After After a Criminal Offense Reduction

    My understanding of expungments and the FBI is that the FBI doesn't need to comply with an expungment order. Sometimes the FBI will follow through with removing the file, but they are not obligated to.

  6. #6
    Join Date
    Oct 2017
    Posts
    3

    Default Re: Nics Check After After a Criminal Offense Reduction

    Yeppers that is my understanding also. This isn't an expungment though. My felony has been reduced to a misdemeanor and all of the corresponding records have been updated to reflect it. The order from the judge clearly states that my right to own and posses a firearm are restored effectively immediately, also the right to vote and hold public office, etc. It is my understanding the expungment issue stems from someone having something expunged from their record but that does not necessarily restore the right to vote or sit on a jury which is one of the qualifiers for owning a firearm. With my case since for all intensive purposes it is now as if i had only been convicted of a misdemeanor and never a felony.

    My only real issue with the bill/process that i went through is that there is not a clearly defined process as to getting the NICS record updated. The judges order says "that any and all records in the custody of the circuit court and any other agency or official, including law enforcement records shall reflect the reduction of the felony offense conviction to the status of reduced misdemeanor". Another bullet point states: "Every agency with records relating to the arrest, charge or other matters arising out of the arrest or conviction that is ordered to reflect the criminal offense reduction in its records shall certify to the court within 9days of the entry of this order that the required change in records from felony to reduced misdemeanor has been completed". Another bullet point states: "The clerk of this court shall provide a copy of this order to ..... and any other government agencies who's records would be affected by this criminal offense reduction matter".

    So with that being said. Would it be unreasonable to assume that it is the courts responsibility to provide the information to the FBI NICS so that their information and records can subsequently be updated to reflect the change in conviction status? I would assume that the FBI NICS would be affected by this criminal offense reduction matter and also they have a record of my and thus it should be updated.

    So my over arching issue is: how does the NICS status get updated? Should the court send the order to the NICS division? Would the court know the process? How long does it take the NICS to update? Do i have to go through the appeal process and wait 1-2 years for an answer?
    I know and understand my rights to own a firearm have been restored. My issue is getting the NICS to reflect this. How? and who's responsibility?

    Quote Quoting bcr229
    View Post
    If you fail NICS as part of the CCW process then working with your local authorities to get the corrected data sent from them to the FBI will likely be faster than going through the FBI appeals process.
    Good thinking. That is my plan currently. Do you think the authorities would be familiar with such a process for updating someones convictions?I will be taking my CCW course at the end of the month.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Nics Check After After a Criminal Offense Reduction

    Quote Quoting feeble913
    View Post

    So with that being said. Would it be unreasonable to assume that it is the courts responsibility to provide the information to the FBI NICS so that their information and records can subsequently be updated to reflect the change in conviction status? I would assume that the FBI NICS would be affected by this criminal offense reduction matter and also they have a record of my and thus it should be updated.

    So my over arching issue is: how does the NICS status get updated? Should the court send the order to the NICS division? Would the court know the process? How long does it take the NICS to update? Do i have to go through the appeal process and wait 1-2 years for an answer?
    I know and understand my rights to own a firearm have been restored. My issue is getting the NICS to reflect this. How? and who's responsibility?
    I know under an expungment the state police notify the FBI/NICS. I'm not sure of the process that you're going through though. Are you working with a lawyer? If not, contact the state police and pay to have your criminal record released to you. If it comes back clean, or just the misdemeanor, then it looks like you are OK. If a criminal record comes back, hire a lawyer to walk you through this.

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