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Discussion in 'General GWL Questions' started by Gunstar1, Jan 26, 2007.
I am a FNG at this forum. I plan on doing a lot of reading. Figured I would start by answering this OP's question.
My wife and I applied on July 3, 2013 in Cobb County. The Probate court folks were great.
Our licenses state the issued date was July, 3.
We received our printed licenses July 21st.
Gwinnett: Wife applied 5/14, issued 7/18, received 7/25.
71 calendar days. I know the law states they have 45 days, but I also understand that Gwinnett has been completely slammed with new/renewal GWL applications.
Fulton County, downtown location. 33 days.
Applied June 25th
Received July 29th.
I applied 11/7 issued 11/13 received 11/21. I was extremely surprised to get it so early.
Filed on feb 27th issued on march 24 th
Bad call by Sureriour Court
My wife applied for a WCl about 6 weeks ago, she was called about a week later by the Probate Court and ask to come to their office, which she did. She was told that back in 1970, she was arrested for shoplifting in Fulton County, which she states was partially true, not arrested but was told to go to court, which she did, the case was dismissed for lack of evidence.
However, it now comes up because someone at Fulton County did not put a disposition on the case file. She has called five different people from the Superior Court to The Atlanta Police Department in Fulton County and they all say there is no record of this case by her name or the case number. The Probate Court will not issue a GWCL until they have something showing the disposition of this case.
I am out of ideas, anyone have any ideas or recommendations, please post them here.
Thanks for any suggestions
Really? A 44 year old shoplifting arrest - and nothing else - and they want to hold off on issue?
Was it felony or misdemeanor theft by shoplifting charge?
I will say that even if it is a felony, it would be a rather large stretch to say that proceedings are "pending."
They ought to issue the license, or you ought to force them to issue it by filing a writ of mandamus with the superior court.
Yes that's what I said....I thought that was a crock....it is ridiculous 44 years ago and it was a accident her baby put an item in the diaper bag and the security guard saw it and said she was shoplifting....but no body can find the record.....imagine that!!
Pembroke Probate Court
Applied: Sept 10
Called to pick up at Probate Court: Sep 15
All the forms and fingerprints were completed within about 20 minutes. Could not be happier with the way things were handled.
Applied on 9/24/2015 @ Fulton County Probate Court. The process took about two hours between the Court House and getting the finger printing done across the street. It's been over 30 days and I have no word.
Please read and follow the instructions in the below article - the county has 44 days from the date of application under normal circumstances, with a maximum of 60 days allowable in cases where it "reasonably may be attributed to the investigative process":
Basically, you need to give them 14 more days before you can reasonably expect or do anything.
So this is whats up:
I called the Probate Court last Thursday to check on status of permit.
A guy answered the phone and he claimed that it was still going through the process, he wouldn't elaborate on what process or part of the process. So, I then called the GBI, they said that they had processed my prints and sent info over to GCIC. I called GCIC and they said yes we got it but sent it to the Atlanta PD. I then called Atlanta PD, who said yes we got it and we sent it back to Probate Court on Oct 25th. I then called back the PC and asked for the status, this time a woman took the call and she said yes we have it but the Judge has held it up for more info (this is a smart Judge). I said more info? She declined to elaborate and transferred me to the licencing department. They told me that something has come up in my background and that I have to come downtown.
I went downtown "immediately" and that is where I found out that I had become a criminal (convicted felon) without actually becoming one or committing a crime. Few years back, the old lady (Wife) called the local PD on me. They arrested me for arguing with my wife and sending my kid to his room so he wouldn't be part of the argument. The charges were Simply Battery and Cruelty to Children. I went to trial and the Judge tossed charges but he did convict me of disorderly conduct (I cussed out the PD during the incident while in my house). I was fined $162.00 and went about my life.
Well getting back to the felon part, the Fairburn PD and local court put two felony counts of drug trafficking and two counts of severe domestic violence onto the closed case after my trial. It read Convicted and Adjudicated. That is right folks I was tried and convicted by them without actually being charged with the crime and convicted in a court of law. I was able to determine where the bogus felony came from with the help of the GCIC office (huge THANKS to Bridgette of GCIC).
I drove to the local court in Fairburn to ask WTF? They were apologetic for the error and assured me that it would be taken off my record immediately as I waited in the lobby. I got a copy of the case disposition and left still pissed but satisfied.
On Friday I went back to the PC and gave them the disposition. The lady behind the counter said that she would pull my application when she got the "chance" and resend it through the process and that I may check back in 30 days or so.. I said lady it is going on 45 days and she replied that it is a process.
So there it is...Ii am now waiting on PC. My application date was Sep 24th and it's Nov 9th.
I forgot..I called the GBI Friday and they said "what drug conviction?", I reminded them that the day before they had me listed as a convicted felon...lol
WOW, that's pretty astonishing, though not unheard of, unusual, or surprising. Amazing how you could go about your life all those years without knowing you were a felon, eh?
At least, however, you found out this way, instead of some other ways it could have come up for you, including from an officer at a traffic stop who wanted to make life hard for a wife beating drug dealer.
Glad you're getting it taken care of, however be aware that this basically pushes the normal 45-day time window to at least no less than 60 days. Per my original link:
Others can certainly advise you better than I can, but I would personally suggest waiting until at least day 45 before going much further. It's nice to get them faster than that, but 45 days is what is still what is considered more than reasonable. After day 45, I would then call or go in person to the probate court to inquire as to the status and get an idea of the courts' disposition toward you. If you then get a suspicion that you're going to get resistance from the judge, I'd consider filing the mandamus action as above, perhaps after day 60.
FWIW, I am *definitely* not a lawyer, nor am I by any stretch the most experienced of the other members of this forum on this topic: others may advise you differently, however personally filing legal actions and potentially antagonizing the courts' officers is something I'd prefer not to do until given no other recourse, and provably just cause.
I have had a couple of background checks just this year and both show a squeaky clean record so when I saw what the GCIC results were I was shocked. For this to suddenly pop up when I am applying for a GWL seems shady to me but had I not applied for the GWL I would not have known...smdh
I visited the PC on Friday, Nov 20. Where I found out that my application was still being "processed" and by that I mean it still sits in a basket on someone's desk. In two weeks it had left one desk for another desk behind it. I am disgusted with the Fulton County Probate Court!!
Kind of makes me want to apply for a GWL just to see what may be there.... It's amazing but not surprising that records can be manipulated this way in a gubmint system.
Does anyone know if Fulton courthouse still receives new batch of licenses only on Mondays?
Well ...I Know it's been 5 years since this post but I'm VERY Curious of the out come .
Please update , with good or bad news .
Davers / Davey