Inaccurate info in my DC background check - who handles DCs records that NICS pulls from?

[RR2VA]

Back in 1999 I had a felony in VA. I recently went to court and had my gun rights successfully restored. When updating my info Virginia State Police ran my name and it’s showing I have a open felony disposition (possession of marijuana) from Washington DC back in 1999 with a specific SID number attached. First, the charge was never a felony but furthermore I went to my arraignment and the charges were dismissed. I contacted the DC court clerk and she sent me a certified disposition order that references the SID number above and it shows the charge was a misdemeanor and the disposition was "charge / no papered" IE: arrested but no charges were ever brought against me.

Here’s where I’m having a problem. The court side is showing accurate info but DCs background check system is showing inaccurate info so who do I need to contact to get DC to fix this in their system? When I was speaking with the VSP he said they are the ones that update files in VAs background check system and could fix this is a matter of minutes but who does this for DC? I spoke with 2 DC court clerks, both had no clue, I spoke with 3 DC lawyers they had no clue, I contacted both FFLs in DC and they suggested I call the FBI. I just got off of the phone with the FBI NICS helpline and he suggested that I submit a VAF NICS appeal but I never got turned down yet so what's there to appeal and I won't have a NICS transaction number?

Should I do the VAF appeal without a denial or should I try to buy a firearm and if denied attach my DC disposition order to my appeal?

 

[GBMaryland]

So I had a similar issue when I moved to Maryland and applied for my first handgun permit.

It turned out the New Jersey state police had been forwarded information from a local jurisdiction that I had been charged with a serious crime and convicted of it.

Of course, none of that was true, but it doesn’t matter to the FBI or anybody until it’s actually corrected.

20 years later I go to buy a gun and I’m turned down by the state of Maryland; the entire time the federal government has been approving my NCIS check!

What had to happen was I had to get the state of New Jersey properly enter the actual charge and disposition in the system. Finding the right person to talk to required about 18 months of my time to get it fixed.

Particular issue was the fact that I had all the court documentation, including my copies of everything with the actual charge (petty disorderly persons offense ) and the fact that I was not convicted, but no one would take my copy of the court documentation and the court had destroyed all the records because they weren’t significant charges. (they only keep stuff for someone’s doing significant prison time or it’s a serious felony… After five years everything else gets destroyed.)

This is where I suspect you might have an issue.

1) figure out in DC who takes care of the records for the police department and approach them

2) hire an attorney after that and have your record expunged

 

[twan]

Can you just file to have it expunged?

 

[GBMaryland]

So the problem with simply having it expunged is that the original charges that they put on there by mistake will still be on there if someone can look past the expungement…

an expungement will keep most but not all from being able to see someone’s criminal history… and without having the original charges amended to reflect what they actually were in the system… Any third-party that subscribe that information will be giving out the wrong information.

imagine you travel to Canada try to go across the border on the way in and find out that you’re thought to be a felon. Or some other country that has that outdated information and it’s not as polite as Canada is…

 

[ADR]

They're looking at NCIC for your background and the courts can have updated/different information that won't automatically update in NCIC.

To illustrate that possibility, a prime example is when we encounter a subject who has an active warrant. Despite what the system indicates, you still request a hit confirmation from the originating agency to verify that the warrant is still active. (Because sometimes they're not)

Your problem most likely needs to be rectified through the original agency/court system as they are the ones who need to trigger an update to the NCIC records.

 

[RR2VA]

A quick update. Since DC police and the court was no help in getting my record fixed, I ended up filing my FBI VAF online. I uploaded my supporting documents / paperwork and in less than a month they approved my appeal and gave me a UPIN. I went to my FFL and purchased my first hand gun legally a month and 2 days after submitting my VAF.

I wish all government was this fast! Thanks for the help everyone.

 

[GBMaryland]

Actually I got four suppressors approved in seven months… so the feds are definitely updating their systems.