I'm a little miffed
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Thread: I'm a little miffed

  1. I'm a little miffed

    When I was 17 (I'm now 57) I got in trouble with drugs in Fla. It was my first and only offense ever so they withheld adjudication. I did one year of probation and have never been in trouble since. I now live in Ga and went to get a carry permit. On the application it asks if you ever have been arrested, convicted, pleaded nolo contendre or had first offense treatment in a drug case. Of course I checked yes and provided documentation of the withheld adjudication from 1972. So, I pay my $30 and have to go to another building to get the fingerprints and background check. I paid the $50 and sat and waited my turn. While I was waiting, I read the back of the map they gave me to get from the courthouse (1st building where I put in the application) to the building where they took my fingerprints. On the back it says you will be denied a permit if you have been arrested for a drug related crime whether you were pardoned or not. Why do I read this after I just plunked down $80? Why do they even let me put in the application if I checked yes for having been arrested for drugs? Shouldn't they have seen the yes checked and said "I'm sorry you're not eligible to receive a permit?" They said it will go before a probate judge. Do I have a chance of getting my permit with a withheld adjudication 40 years ago? I feel like I just got a salami up my breezer. Any help, encouragement or advice would be greatly appreciated!

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  3. #2
    Gideon, They are not going to stop you from turning in your application . Thats revenue for them. As to your chances I see no reason to deny you a permit given the fact it was 40 years ago. I wish you the best of luck please let us know how it turns out for you

  4. Thanks!

    I went to a pawn shop yesterday and the guy that worked there had several drug felonies as a teenager and in his twenties (he's 35 now) and has a carry permit and owns lots guns. He said that they should't deny you a permit if you have been off probation or out of parole for over 5 years. We'll see. Thanks for your encouragement!http://www.usacarry.com/forums/image...es/new1/no.gif

  5. #4
    Join Date
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    If you try you may not get a permit. If you do nothing you will not get a permit
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  6. There are a number of possible scenarios here. First there may be no arrest or conviction record. It sounds like what happened was you entered a plea (guilty or nolo contendre). This plea was held in abeyance and you served a sentence of probation once your sentence served, a writ of Nolle prosequi (non prosecution) was issued and the charges and arrest record went away. In most cases like this even the plea dissapears from a legal perspective because how can you plea to charges that did not exist? This proceedure is very common for minor first offenses particularly misdemeanors. The court records still exist but they cannot be held against you.

    This is different from a pardon.
    From Clear up my record.com:
    "What's important to know about pardons... is that it doesn't make your conviction go away. It simply puts it on the public record that you have been forgiven of the crime and should not be subject to any further penalties or restrictions due to having committed the crime. If you are actually looking to remove your criminal record, you will need an expungement, or at least to have your record sealed. When your record is sealed, you can act as if it never happened, and entities inquiring will be told there is no record of your crime. However, a court order can unseal your record. Expunging of criminal records means that the record is completely removed and it is as if the crime never happened. You can legally answer no on any form that requires disclosing a prior criminal conviction and there is no record left to unseal."
    The other thing you have going for you is that you were 17 when the offense was prosecuted. It is possible thay you were tried as a juvinile. In some states the age of legal majority (the age you can be charged as an adult) is as young as 16. However in 1972 it was unlikely that it was that young. If this case of yours was tried in juvinile court you may be able to get your record either sealed or expunged. If you can do this it is lilkely that the judge may have leniency and grant your permit as the offense should not be held against you as an adult.

    In either event you should probably contact a criminal defense attorney should your permit be denied to look into these options. You may even wish to contact them now. It may cost you some extra money but if it results in your getting your permit without having to suffer the expense of re-applying later it may be worth it.

    (this does not constitute an endorsment of Clearupmyrecord.com. I have no association with clearupmyrecord.com)

  7. #6
    I have seen cases where an "exemption" from strict adherence to the Law was granted..... takes a "Judge" to get it done.

    GG
    Fanatics of any sort are dangerous! -GG-
    Which part of "... shall NOT be infringed..." confuses you?
    Well now, aren't WE a pair, Raggedy Man? (Thunderdome)

  8. #7
    Quote Originally Posted by trophyhunter View Post
    Gideon, They are not going to stop you from turning in your application . Thats revenue for them. As to your chances I see no reason to deny you a permit given the fact it was 40 years ago. I wish you the best of luck please let us know how it turns out for you
    I mean afterall, it was a drug arrest. It's not like you shoved a girlfriend or wife. Get convicted for that and you can never even possess a firearm, let alone conceal carry one.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. #8
    It was 40 years ago and you were a minor, so it shouldn`t go against you.

  10. #9
    Join Date
    Jan 2010
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    St. Louis County, MO
    Posts
    3,445
    Maybe that guy at the pawn shop did not admit to any crime? Did you ask him? Anyway, if I were you, I'd get a lawyer and fight it.
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

  11. Quote Originally Posted by Tucker's Mom View Post
    Maybe that guy at the pawn shop did not admit to any crime? Did you ask him? Anyway, if I were you, I'd get a lawyer and fight it.
    He hasn't been denied yet. He's just worried that he will. But, yes, I would get a lawyer and fight it, if it is denied. States like Washington have a law that will re-imburse the legal expenses if the court finds that the sheriff denied the permit without legal basis.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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