WHAT TO DO IF YOU FIND YOURSELF RECEIVING A STATUS OF "UNDETERMINED" OR "DELAYED"
This is because the DOJ saw something on your record that they
need to take a further look at.
Your first step should be to go to the DOJ website and download the Request For Firearm Record Review (Request for Live Scan Service – Firearms Eligibility (BOF 8016RR), pdf.
Complete the relevant information on the form and take it to any LiveScan provider. They will transmit your fingerprints to the DOJ, you will receive a copy of your Criminal History Report in the mail (this process can take some time).
Once you receive the copy of your criminal history report, look it over and see fi everything seems accurate. “Red flags” that the DOJ are searching for would be:
TOC: F (Type of Crime, Felony) AND/OR any case that while it may be a misdemeanor is one that is considered a “Prohibiting Misdemeanor”, generally charges that fall under that category are 10 year prohibitions. (You can find the list of prohibiting misdemeanors here: Firearms Prohibiting Categories)
- If you believe that there is an error on your Criminal History Report, you will use the "Form of Alleged Inaccuracy or Incompleteness" that will be included with the report that the DOJ sends you. Include a description of the alleged inaccuracy on the form and provide copies of any documentation that you have from the courts, etc. that documents something different than your report.
- If there is a charge on your criminal history report that does not have a Final Disposition assigned to it, you should contact the Court in the county where the charge was filed, ask for a Certificate of Clerk re: name search results. They should be able to give you a form that shows whether or not there are any outstanding cases in that jurisdiction.
- Should you need assistance with the DOJ, you can contact your State Representative (either Assembly or Senate) by calling their District Office. Their offices have a caseworker that can communicate with the DOJ on your behalf. Be forewarned, however, the DOJ is not forthcoming and will not speak about specifics of anyone's criminal record with their offices. You should be able to inquire as to whether or not items have been received, etc.
- Many District Attorney's Offices can also offer assistance as it pertains to petitioning the court to have any felonies reduced to misdemeanor (as long as they aren't prohibiting misdemeanors) and dismissed per Penal Code Section 1203.4