question about eligibility
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  1. question about eligibility

    hi to all, i am new to this forum. have a question about concealed carry permit. in 2004 i was sentenced to two years non-adjudicated probation for felony possession of marijuana. my right to own firearms was revoked only for the probation period. i made dumb choices back then, but since then i made it through probation period and to this day have not had so much as a parking ticket. question is, will this non-adjudicated situation stop me from getting permit? do i need to try to expunge my record first?

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  3. #2
    Quote Originally Posted by str8ofakind View Post
    hi to all, i am new to this forum. have a question about concealed carry permit. in 2004 i was sentenced to two years non-adjudicated probation for felony possession of marijuana. my right to own firearms was revoked only for the probation period. i made dumb choices back then, but since then i made it through probation period and to this day have not had so much as a parking ticket. question is, will this non-adjudicated situation stop me from getting permit? do i need to try to expunge my record first?
    I can't answer your question, but our country's obsession with weed has got to come to an end. It is nothing but a plant.

    Eating or smoking a plant should not be illegal. Growing a plant to be eaten or smoked should not be illegal. Selling a plant to be eaten or smoked should not be illegal. We need to evolve.

  4. thanks for the reply, but i hope to not start a "legalize weed" thread! if anyone can help with the non-adjudication status that would be great. i'm not a convicted felon, but at same time the felony was not discharged from my record as i understand it. lawyer told me i can always honestly answer no to the question "have you ever been convicted of a felony charge?". according to requirements posted in the sticky thread here a felony conviction would throw out my application, but i am not convicted felon, i am non-adjudicated.(not guilty, not innocent, no judgement at all as i was told)

  5. #4
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
    Posts
    3,487
    Check with your State Laws concerning CWP's. If you were on probation, you've been adjudicated. First Offenders Act or something similar to lesson your sentence. Again check with your State or possibly your Local Sheriff's Office. The ladder being second choice. Some S.O. Offices do not always keep up with the latest and greatest info. (No offense intended to any S.O.'s or Deputies)
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  6. thanks for reply,but you're wrong about being adjudicated if you're on probation. there is such a thing as non-adjudicated probation, i know from personal experiance. it was a first offender offer, and adjudication would only come if i failed terms of my probation. that is what leaves me in limbo, i am not a convicted felon but have not been cleared of a felony charge on my record. the judge explained it like this, the court has not passed judgement on my charge, neither guilty or not guilty, we will give you probation if you meet the terms of probation you will not be adjudicated in this case. i have checked state laws and it says convicted felons can't get ccw. (not specific about non adjudicated felony charge) that is why i have the question. if anyone knows from personal experience or even second hand experience about this it would be helpful. thanks for any and all replies

  7. #6
    Get a lawyer and get the facts before you do something that may be a crime.

    -Doc

  8. thanks for the advice doc. i decided to re-read my application and state laws and i found my answer (imagine that!) if anyone else is interested; sect. 45-9-101(2)(j) shall issue if applicant has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled. so after three years have passed after probation is over i am eligible. like papaw always told me, if you can't figure it out read the damn instructions!

  9. Quote Originally Posted by str8ofakind View Post
    thanks for the advice doc. i decided to re-read my application and state laws and i found my answer (imagine that!) if anyone else is interested; sect. 45-9-101(2)(j) shall issue if applicant has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled. so after three years have passed after probation is over i am eligible. like papaw always told me, if you can't figure it out read the damn instructions!
    Thanks for posting your experience. I have an nearly identical situation. I was given non-adjudicated probation in Mississippi but later moved to Alabama. I completed my probation several years ago but when I applied for my CCP in Alabama they said I had an unresolved felony arrest showing from Mississippi. I got a copy of my court records showing that it was non-adjudicated and I am going to take that to the sheriff's office. Hopefully that will take care of everything.

  10. Just a quick update on my situation. I was denied for my conceal carry permit. The sheriff's office in Tuscaloosa, Al said that because I pled guilty that I was being denied. They didn't not care anything about the statute (99-15-26) or that it was non-adjudicated. It appears that I am going to have to hire an attorney and have it expunged. What a bunch of BS.

  11. #10
    that sucks - hopefully your state has a provision allowing a successful plaintiff to recover attorney's fees when the state has acted unreasonably under the law. good luck.

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