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Author Topic: PA denial effect De renewal?  (Read 2811 times)
tenpoint16
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« on: December 30, 2016, 10:47:48 PM »

Hello, new here, but have been a reader for a bit. I am a Delaware resident, and I have a question I can't seem to find an answer for, so was kinda hoping someone with experience may know. Im not new to ccw, however I am up for renewal here in Delaware. I applied in Pennsylvania back in 2014 and was denied due to an arrest i had as a minor, in (1979), I had no idea at the time PA uses your juvenile record. That being said, on the application for renewal in Delaware it clearly asks "have you ever been denied in another state"? I have no intentions of lying, but will answering yes cause my renewal to be denied?
« Last Edit: December 30, 2016, 10:53:16 PM by tenpoint16 » Logged
rikwick
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« Reply #1 on: December 31, 2016, 05:03:44 AM »

I suggest that you answer it honestly.  I am of the opinion that you are in good shape and do not think that DE will deny your renewal based on PA's decision.  However if DE does recognize that you answered dishonestly you certainly will be denied.
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del elec
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« Reply #2 on: December 31, 2016, 05:31:12 AM »

Wow, denied because of a juvenile arrest 35 years earlier.  Huh That's incredible!  Lips sealed
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Clarence
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« Reply #3 on: December 31, 2016, 05:47:50 AM »

Was the arrest in Delaware?

If so it can be expunged in Family Court even if it was a conviction ( except for arson).  Were you convicted? (Adjudicated delinquent) or was it just an arrest?

PA should not have denied you for an arrest but no conviction.  On the other hand you would be denied a PA license if the offense was drug related.  Only an expungement will clear that up in PA.

Then you should be able to get your PA license.

Honest answer is the correct way to go however.  
« Last Edit: December 31, 2016, 07:29:23 AM by Clarence » Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
tenpoint16
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« Reply #4 on: December 31, 2016, 07:29:09 AM »

Thank you for your input, definitely not lying about anything.  until Pa denide me, I didn't even remember that charge, I thought it was expunged, apparently it wasn't. After denile i went to court house in Wilmington to get info on charge, it says "disposition unobtainable". At which point i was a little confused about this, so i challenged Pa denile, and still lost. They told me i needed to get that juvenile conviction expunged. Went to family court to have that erased, judge told me he's more then happy to expunge it BUT, being as i have an arrest for under age consumption at 18yr old, his hands are tied. I have to get the drinking charge removed FIRST, then juvenile will follow. All this 30+ years ago. Ugghhh
« Last Edit: December 31, 2016, 07:31:37 AM by tenpoint16 » Logged
Clarence
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« Reply #5 on: December 31, 2016, 01:05:56 PM »

Correct.  If you have any adult convictions, you may not have a juvenile expungement in Delaware.  There was a move earlier this year to correct this but not sure if it passed. However you said an arrest for the consumption charge.  Were you convicted?  ( Plead guilty or paid a fine?) if you were arrested but not convicted then you might be able to get that expunged.

Was the original charge a drug offense?  That would be the issue in PA.
« Last Edit: December 31, 2016, 01:45:30 PM by Clarence » Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
tenpoint16
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« Reply #6 on: January 01, 2017, 08:04:18 AM »

Thanks for your input, the juvenile charge was a conviction, and the adult underage consumption was pled guilty by me. Im In the process of getting consumption conviction expundged, then the juvenile conviction would be dropped according to the judge. Funny how Pennsylvania is using something 37 years ago that happened as a minor. Nothing was drug related. My only concern is would Delaware deny my renewal because of a denile in Pennsylvania.
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Clarence
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« Reply #7 on: January 01, 2017, 08:49:51 AM »

That is good news if you can get the consumption charge expunged.  I was not aware that was possible. Even a pardon is not an expungement. 

I thought the only expungements were for juvenile offenses and arrests without conviction for adult offenses.

As for your Delaware license, they already knew about these charges and you got a license, so I don't see how they could deny you a renewal. 
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
Tonym
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« Reply #8 on: January 01, 2017, 12:23:35 PM »

Is anyone familiar with the process of getting an adult arrest expunged in DE is the charge was dropped and there were no convictions? Would something like that affect someones DE or PA permit process?
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porsche060
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« Reply #9 on: January 07, 2017, 12:10:02 PM »

So the original poster it seems messed up his original post. He wasn't denied for an arrest but for a conviction.

An arrest from 20 years ago for a minor offense (not convicted so you are not guilty) should not effect the process but a conviction would.

And at 18, you are an adult, not a juvenile.
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Clarence
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« Reply #10 on: January 07, 2017, 09:33:06 PM »

The renewal should be approved unless "good cause" exists to deny it.  See part  5 of Section 1441, Title 11 Delaware code:


(5) The license issued upon initial application shall be valid for 3 years. On or before the date of expiration of such initial license, the licensee, without further application, may renew the same for the further period of 5 years upon payment to the Prothonotary of a fee of $65, and upon filing with said Prothonotary an affidavit setting forth that the carrying of a concealed deadly weapon by the licensee is necessary for personal protection or protection of the person's property, or both, and that the person possesses all the requirements for the issuance of a license and may make like renewal every 5 years thereafter; provided, however, that the Superior Court, upon good cause presented to it, may inquire into the renewal request and deny the same for good cause shown. No requirements in addition to those specified in this paragraph may be imposed for the renewal of a license.
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
tenpoint16
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« Reply #11 on: April 17, 2017, 12:47:39 PM »

Just an update, i did receive my ccw renewal today,, good to go. thanks for all the feedback
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