Fuller v. Department of State Police

Illinois Appellate Court
Civil Court
FOID Card Act
Citation
Case Number: 
2019 IL App (1st) 173148
Decision Date: 
Friday, February 15, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Reversed and remanded.
Justice: 
HARRIS

In 1980, Petitioner, then age 19, received 2 years probation after conviction of burglary in the 3rd degree, a felony. In 2014, he was pardoned by Governor Quinn, and order permitted expungement. In 2016, he filed application for a FOID card, but Illinois State Police (ISP) denied his application because of his 1980 felony conviction. ISP's initial denial was not a final administrative decision, as it did not follow an adversarial proceeding in which contested facts were heard by an impartial fact finder. Thus, the 35-day limit of Administrative Review Law, within which to file petition for judicial review, does not apply to Petitioner.(CUNNINGHAM and CONNORS, concurring.)