Explosives license - Anyone had to apply for 'Relief from Disabilities'?

[Douchermann]

Evening all! It's sure been a while...

 

I'm interested in persuing an ATF explosives licence, and have been since long before I was old enough to have one. Unforunately, I may have to apply for relief from explosives disabilities. It has to do with a crime I comitted while I was young and stupid. Fortunately, since it was a first (and last ) offence, I walked away with a special type of probation. The law book reads:

 

A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

 

 

I have my lawyer looking in to this to see how it applies to federal licenses and the likes, which is why I may have to apply for relief of disabilities. This isn't a law question though. My question is, has anyone applied for relief from disabilities? How did it go, how long did it take, were you successful, etc?

[Arthur]

Ask 10 different lawyers,you will get eleven opinions

 

Ask 10 different federal officers and you could get eleven different opinions

 

Then there are your state and county officers to consider.

 

According to UK law (yes it will be different) some offences debar you from some activities for a time period in years, so while a conviction may be a fact it may also be regarded as spent after time.

 

Assuming that you are of subsequent good character, as you say, then start with ATF or your local police wherever you are best known.

[Mumbles]

I would avoid bringing it up at all costs. Have your lawyer see what he thinks, but I would try not to bring up anything about this on the application or interview process. Getting relief from disabilities is often extremely difficult, depending on the crime. If what you did was a violent crime or related to drugs, you'll probably have a very hard time getting them to grant you this. I'm really not entirely sure if there is any time period where the disability is in effect. I'm under the impression it's lifelong in some cases.

 

Good to see you around again.

[Arthur]

Fill the form out honestly, if not asked then don't volunteer information. BUT if asked specifically answer honestly

[FrankRizzo]

I realize this doesn't answer your question, but are you permitted to own a firearm and/or have you purchased a firearm since the incident? I'm fairly certain that ATF uses the same NICS background check information. If you passed the check for owning a gun,there's a very good chance that you will be able to get a license. Edited July 10, 2013 by FrankRizzo

[Nic]

Frankrizzio, this is not true. I am a convicted felon which I was told that, this would be expunged off my record after 10 years. After the 10 years I have applied 3 times to buy a gun, every time coming back oked. I have also worked at 3 plants dealing with explosives. When I went to reapply on my explosives liscence it said I had felons and was not allowed to be around them, and I could file for relief. Which I'm in process now of doing. When I talked to ATF they said FBI does there background checks, and they didn't belief I had liscence to work with explosives, until they looked. So my point is just cause you are oked to buy a gun or they didn't catch it on a explosive liscence doesn't mean you should be fine. They eventually will find out. By the way I never bought the guns I applied for. I did that to see if my felony had really been expunged. My understanding on that from the ATF is that even when expunged you still have to file for relief.