NEED HELP!!! Just got a Denial Letter... HELP?!?!

[tyjack09]

I'd work on getting that arrest record purged.
It can come up to bite you again.

Yes... I was talking to a friend of mine and he asked me why I hadn't done it yet. To be honest, I never thought anything of it before. I mean I was able to purchase guns, and even obtain a secret clearance with the federal government.

But now that I see it is becoming a problem with something that I consider a smaller deal than my security clearance (Having documentation that could affect the security of this country, compared to having the ability to legally carry a concealed handgun in my state) I need to go ahead and get this thing removed from my record and not have to worry about it anymore.

That is some good advice. I appreciate it and will move forward with that process.

[tyjack09]

If the county clerk in VA really doesn't offer an expedited service to citizens (FedEx + a fee) like the last poster described, you can hire (by phone) a legal courier in that county instead of a lawyer. The courier will go to the Clerk's office, do the research for you, and FedEx the certified copies to you. Probably the same day, and much cheaper than a lawyer. That's who a lawyer would hire to do it. There may be others up there who are cheaper, better, quicker, not out-of-business. Who knows? Not me. Try an old Yellow Pages from up that way, if you have one. Ask the Clerk's office for a recommendation. Good luck.

I have never heard of a legal courier in my life, but I will most certainly look into this. I just hope there services aren't too expensive. If it is something that seems reasonable, then I will jump all over it, but if it is crazy high, then I will just take my chances and wait for them to come in the mail. Thanks Double Ought... Appreciate the information.

Got some other news too... Talked with my wife last night and she said that she may be going up to Virginia the weekend before Thanksgiving so she can visit some family before the holidays. If she does go, she said she would go by the court house and get the paperwork for me and then just send my appeal letter with the court documentation to SLED from VA. It may take an extra day to get there, but much faster than waiting for her to mail them back to me, and then me to mail it to SLED. I already have my letter wrote and ready to have it printed. I already told myself, if I don't get anything by next Friday, which is only 7 days from receipt of the letter, then I will go ahead and send a letter to SLED without the paperwork explaining the situation but at least that gives me some more time.

Thanks again for all the responses and the positive feedback. You guys are giving me hope. Thats why this site is so great I guess. Please keep the comments and feedback coming and I promise to keep everyone posted on what is happening. I know I deserve to have my CWP. I have no reason why I shouldn't and I will fight until I can't fight no more to get it.

[tyjack09]

Got an Update for everyone...

My wife called me this morning and informed me that she has received a certified copy of the court documentation.

I leave tomorrow morning to head up to Virginia. Once I get there, I will go ahead and mail off the letter, along with the certified documents proving that the case was non-processed and thrown out of court. I am going to go ahead and make a copy of the court documents and send the letter with a return receipt so that way I can prove that I sent the letter and it was received before the 30 Day deadline.

Does anyone know how long the process takes once they receive the letter of appeal? Does the 90 day process start all over?

[homershoots]

tyjack09, I'm not sure but I would think you would still be within the first 90 day period. You don't have to send a new application or fee so hopefully it will be resolved quickly. Good luck!

[guadman]

I think you are handling it well. Maybe you just need to take a long deep breath and calm down bit. Like others here I think this will work out. And you can't use logic, of all things, to figure out why Bureacracies do one thing one way then another, similar/same thing the exact opposite.

Good Luck.

[badarac]

Got an Update for everyone...

My wife called me this morning and informed me that she has received a certified copy of the court documentation.

I leave tomorrow morning to head up to Virginia. Once I get there, I will go ahead and mail off the letter, along with the certified documents proving that the case was non-processed and thrown out of court. I am going to go ahead and make a copy of the court documents and send the letter with a return receipt so that way I can prove that I sent the letter and it was received before the 30 Day deadline.

Does anyone know how long the process takes once they receive the letter of appeal? Does the 90 day process start all over?

IIRC it didn't take long (a couple weeks). If I were you I'd call them to be sure you don't need to send the original court documents though. Make a copy for you and send the originals.

[Double Ought]

...Does anyone know how long the process takes once they receive the letter of appeal? Does the 90 day process start all over?

S.C. Code § 23-31-215(D) states "...The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division..."

[tyjack09]

Update***

I was finally able to get the letter mailed off yesterday morning. I went ahead and paid for the overnight delivery along with the delivery receipt so I could prove that they did receive the letter within the 30 day window.

So after reading some of your post, and looking into it, as long as they agree with my appeal and grant me my CWP, it should all happen within a 2 week window. Which works out great. I am vairly confident that with the documents that I provided along with my letter, it will get issued.

On a side note, I ordered my Crossbreed SuperTuck Deluxe about 2 weeks ago. Really excited to get this thing in the mail. Have read nothing but great reviews about this holster from a lot of different sources, so I am confident that this thing will work well for me.

So as things begin to unfold, I will keep everyone updated. Even if the appeal I submitted does not work, I still feel confident that I will be able to pursue the process. Hopefully it will not go that far, but if it does, I will be prepared. Thanks again for all the help and support.

[fnsmoak]

From what I've seen, heard, and personally witnessed, the folks at SLED's Training & Regulatory offices are real people. It seems they attempt to understand things from the applicant's perspective, if for no other reason than to be able to explain what your next step should be to follow SC Code.

Though they can not simply overlook or override a "denial", they can have 1st person contact with arbiters of denial status if a summation of events/history is explained succintly in the appeal.
I know of SEVERAL several initial denials that took far longer than 30 days to complete the appeal, yet were positive outcomes.

Tyjack; Even if what you receive from VA does not satisfy the issue causing the denial, do maintain your calm and request to speak with someone in either SLED office that would be able to pinpoint the specific reason for the denial.

SC is a SHALL ISSUE State. You don't have to prove you SHOULD have a Permit, it must be proven why you should not have the permit.
BTW: even a hint of CDV will leave a giant smudge in any record/folder, no matter your "standing" in the past or now. The more 1st hand sworn affidavits the better (regarding retired officers, witnesses, ex-wife's parent, etc.) in your appeal package.

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