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 What shows-up on MN background check? 
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PostPosted: Wed Sep 17, 2008 9:32 pm 
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Location: Dundas, Minnesota
MN PTCT wrote:
Quote:
What shows-up on MN background check?


Some interesting things showed up on mine. There was an arrest that I was aware of and iformation on the dismissal and a 1994 charge that I had never heard of before. It was a charge of BIGOMY. Criminal history shows that this charge was never resolved. This background check was for a volunteer firearms safety instructor with MN DNR. Officer said that it was filed in Washington County. Went to Washington County court admin and they find no record of it. Since 1994, I have had many background checks and this never came up before. It is totally false.

Interestingly enough, they also showed me my sons background information. Same first and last name but different middle name. They show a divorce for him in 1996 but he never got married until 2005.

How do you get this crap off your record without spending tons of cash?

Bob


You can tell us the truth... we're not here to judge. :lol:

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 Post subject: Speeding Ticket
PostPosted: Wed Sep 17, 2008 10:56 pm 
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JudoknowifIgottagun wrote:
I had to go to court and the judge said, "You have no criminal record and you have no history of traffic violations, so I'm letting you go with a small fine and I want you to have a clean driving record for the next 6 months." - I just smiled and said, "Umm, OK". Funny cuz I just had a speeding ticket a few months earlier.

Human errors on all these items you mentioned, I presume.
But, you're right. Like identity theft, this could be a mess to clear-off your record.


You may have had an administrative traffic ticket which doesn't go on your driving record, it allows cities to capture more of the revenue. I know St. Paul was doing it a few years ago :D


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PostPosted: Thu Sep 18, 2008 7:30 am 
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The ticket was from the MN State Hwy Patrol.

Always seems like bad things come in bunches. I had a clean driving record for 15 years and then in a matter of 6 months, a ticket and a failure to yield.


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PostPosted: Thu Sep 18, 2008 11:38 am 
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bensdad said
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You can tell us the truth... we're not here to judge.


If you know where to find the other wife, please let me know. She owes me 24 years of back pay with benefits.

Bob


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 Post subject:
PostPosted: Thu Sep 18, 2008 3:00 pm 
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I think a ticket between 55 and 65 does not go on your driving record in Minnesota.


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PostPosted: Thu Sep 18, 2008 3:11 pm 
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Dick Unger wrote:
I think a ticket between 55 and 65 does not go on your driving record in Minnesota.

True.
Quote:
Minnesota Statutes section 171.12

Subd. 6. Certain convictions not recorded.

(a) Except as provided in paragraph (b), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour speed limit.

(b) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.

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 Post subject:
PostPosted: Thu Sep 18, 2008 9:19 pm 
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The laws posted above make sense, then. I was using my GPS and trying to take shortcuts and follow the arrow home through the country. But the highway I was on curved and went another direction away from where I wanted. I ended-up turning around and speeding back towards the highway that I knew I could get home on. I got clocked by MN HP at 72 in a 55. He lowered the ticket to 64 in a 55. Heck of a nice officer now that I realize what he did for me! Cheers to the good cops out there. :D


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 Post subject:
PostPosted: Fri Sep 19, 2008 6:21 am 
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JudoknowifIgottagun wrote:
The laws posted above make sense, then. I was using my GPS and trying to take shortcuts and follow the arrow home through the country. But the highway I was on curved and went another direction away from where I wanted. I ended-up turning around and speeding back towards the highway that I knew I could get home on. I got clocked by MN HP at 72 in a 55. He lowered the ticket to 64 in a 55. Heck of a nice officer now that I realize what he did for me! Cheers to the good cops out there. :D

A pal of mine is a deputy sheriff just west of the Twin Cities. His regular routine is to either warn speeders or, if the person is courteous but driving pretty fast, to cite for 64 in a 55 zone so that the conviction doesn't go on their driving record. I know a few cops that do the same thing.

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"We, as criminal defense lawyers, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job – our sworn duty as criminal defense lawyers – to protect our clients from those people." -- Cynthia Rosenberry, a DePaul University law professor, criminal defense attorney and founding member of the Georgia Innocence Project


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 Post subject:
PostPosted: Fri Sep 19, 2008 8:12 am 
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The "10 over = no record" is called the Dimler Amendment. It works in a 55 zone (5 over in a 60). It does NOT apply to a 65 or 70 zone.

http://www.house.leg.state.mn.us/hrd/issinfo/ssspdlt.htm

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 Post subject: Re: What shows-up on MN background check?
PostPosted: Sat Oct 03, 2009 10:42 am 
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JudoknowifIgottagun wrote:
I was accused of domestic assault 7 years ago, was cuffed & stuffed in front of the kids, hauled DT, printed, processed, and got out on bail. Went to live with a friend. Got an attorney, went to court, and I was acquitted. The case was thrown-out of court. Filed for divorce & got divorced!

Now, I've taken my PTC class and the next step is to submit my application.

My question is, will the incident above show-up on my background check and could it be a cause for denial of my permit? I was not convicted. I have purchased 2 rifles since then and my background check has been OK and I've been allowed to purchase long guns.

Does anyone know if my experience described above will restrict me from getting my PTC? Will it even show-up? Is it a reason for the sheriff to deny my permit?


Well, It took me 363 days after taking my PTC class before I actually had the guts to go DT Mpls and apply. 17 days later, I received my permit in the mail. I had no problems.


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 Post subject: Re: What shows-up on MN background check?
PostPosted: Sat Oct 03, 2009 11:00 am 
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Congrats!!!!

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 Post subject: Re:
PostPosted: Sat Oct 03, 2009 11:53 am 
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Andrew Rothman wrote:
Judo, if you have any problems, you would be in good hands with attorney Marc Berris, who has a lot of experience with permit denial appeals. Marc is also known as mnlitig8r. :)

Yup! Marc all the way!!!

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 Post subject: Re:
PostPosted: Sat Oct 03, 2009 1:16 pm 
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Andrew Rothman wrote:
Judo, if you have any problems, you would be in good hands with attorney Marc Berris, who has a lot of experience with permit denial appeals. Marc is also known as mnlitig8r. :)


And even then it depends on which county you live in.

He would NOT be of any assistance to me.

It will depend on if he has a relationship with that county or not, and what that relationship is.

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 Post subject: Re:
PostPosted: Sat Oct 03, 2009 1:37 pm 
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MN PTCT wrote:
Quote:
What shows-up on MN background check?


How do you get this crap off your record without spending tons of cash?

Bob

You don't without hiring a lawyer or spending a LOT of time filling out paperwork.
Quote:
Q: What if I believe the information in a record is inaccurate or incomplete?
Procedure to follow if an individual subject of the data believes the information is inaccurate or incomplete.

PROCEDURE:

1. Persons requesting to review their record must complete and sign a "Request for Review of Individual's Criminal History Record Information" form.

2. A search of the file will be made by name and date of birth.

3. If no record is found, no review can take place.

4. If a record is located by name and date of birth, fingerprints are taken to compare with the prints on file for that record.

5. If prints match, the record is presented for review.

6. If prints do not match, no review can take place. Refer to the [Questioned Identity Information Sheet].

7. A copy will be supplied, if requested, for the established fee.

8. If the individual does not agree with the information maintained on the BCA file, he or she has the right to challenge that information by indicating in writing that part of the record which he or she is challenging as being inaccurate or incomplete (13.04, subd. 4).

9. Upon receiving notification of challenge, the BCA shall immediately flag the record in dispute. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data (13.04, subd. 4)

10. Within 30 days, CJIS personnel shall examine the record and trace the data back to the source documents and/or submitting agencies, to determine the accuracy and completeness.

11. If CJIS personnel determine the record is in error, it shall immediately be corrected.

12. Should CJIS determine that information on the record is correct, they will notify the subject of the record that no change to the record will be made. CJIS will also notify the subject of their right to appeal (13.04, sub. 4 and Chapter 14, Contested Cases Procedures) along with the contested cases procedures.

Note: If data is correct, but still disputed, the subject may go to the source of the document to dispute the data.


Pay due DAMN diligence to your personal records.

https://cch.state.mn.us/pcchOffenderSearch.aspx
http://pa.courts.state.mn.us/default.aspx
http://www.fbi.gov/hq/cjisd/nics/cgbrochure.htm

Contrary to popular belief....

conviction of domestic assault does not automatically bar you from owning firearms....
http://www.fbi.gov/hq/cjisd/nics/mcdvbrochure.htm
I will not even begin to explain that. Just go to the link and read the information.

Lessons learned have been to stay on top of your personal record. Hold those accountable for entering the information into the system starting with the court administrators office for THEIR actions and the RESULTS of those actions.

How many of you are willing to get a blue card filled out and sent to BCA and FBI to correct some clerks mistakes because they don't care to read the paperwork.

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