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Thread: Question: Felony Adjudication Withheld + Record Sealed = CCW?

  1. #1
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    Question: Felony Adjudication Withheld + Record Sealed = CCW?

    I've been hearing somewhat conflicting information regarding my own situation. My question is whether or not I am eligible for a CCW license in FL currently. Heres what the deal is:

    2009: Felony adjudication withheld (non-violence, drugs, or anything like that)
    2009: All terms set by court finished
    2010: Record Sealed
    No other charges of any kind at any time in life

    So, in your experience should I have any issues getting a CCW right now?

    I appreciate your help.


    Edit: I should probably also add that this was in state court, not a federal crime.

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    Senior Member Aielman's Avatar
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    According to the chart on page 35 of Gutmacher's book, if it wasn't a violent crime, drugs related, weapons related, or treason, you should be good to go to purchase a weapon, and from what he says on page 58, it looks like you should be eligable.

    I would think you could test this pretty quickly by attempting to make a weapon purchase. If you're clear there, you should be clear for the CWP.
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    Distinguished Member MPDC66's Avatar
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    The only consequence would be an extended wait IF the record took long to get. In the case of a firearms purchase, the Florida rule is that FDLE has three working days to disqualify you for purchase or must issue a conditional approval if a felony arrest record is found but final disposition is unavailable. In the absence of evidence to the contrary, they accept your word that you haveno felony CONVICTION. However, IF it turns out you were inelligible, your case will be referred to local police and you may face criminal charges. Since you obviously had an attorney to work these things out, contact him/her and ask if you are eligible. The Federal law will dictate what answer FDLE gets from the weapons eligibility check. Similar to "Youthful Offender" status.
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    See here is the catch 22:

    Florida statutes 790.065:

    3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or...

    According to multiple FDLE reps when I have called, if you have adjudication withheld for ANY FELONY even if it is sealed, you must way the 3 year minimum before being able to purchase a gun from a FFL holder. This dose not mean you have lost your civil liberties, just that FL has a special stipulation.


    BUT!.....

    FDA Website:

    You answered Yes to question 15 - Have you had adjudication of guilt withheld on any felony?

    » You are not eligible for licensure if you have had adjudication of guilt withheld on any felony and three years have not elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.


    So I believe that I qualify for a CCW because of their website and I also spoke to two FDA reps who confirmed as well. So if I have my CCW that would overrule the florida statutes stipulation of waiting 3 years, right?

    Anyone with any legal or personal opinion please weigh in.

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    Senior Member Glock30's Avatar
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    From my personal experiance it has to be 3 years without any arrest. I am not sure if this holds true if the record is sealed so you may want to contact a firearms attorney. I had a misdemener crime in 1995 but since my record is clean since my mistake (DUI) I had no problems....Good luck G30
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    Member mikecu's Avatar
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    Sounds like you are eligable sometime in 2012.

    Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.

    http://licgweb.doacs.state.fl.us/weapons/eligible.html

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    Quote Originally Posted by mikecu View Post
    Sounds like you are eligable sometime in 2012.

    Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled.

    http://licgweb.doacs.state.fl.us/weapons/eligible.html
    Yep.

    They really could phrase that a little better, but if you have had adjudication withheld on a Felony, you may not purchase a firearm or qualify for a CWFL until three years have passed since:

    The Record was sealed. -OR-
    Probation or other conditions set by the court have been met.



    I really hate the run-on sentences with all of the commas that our legislature is so famous for.

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    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

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    [QUOTE]
    Quote Originally Posted by brboyer View Post
    Yep.

    They really could phrase that a little better, but if you have had adjudication withheld on a Felony, you may not purchase a firearm or qualify for a CWFL until three years have passed since:

    The Record was sealed. -OR-
    Probation or other conditions set by the court have been met.



    I really hate the run-on sentences with all of the commas that our legislature is so famous for.[/QUOTE]
    Our legislature is famous for commas?
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    Quote Originally Posted by Xbonz View Post
    Our legislature is famous for commas?
    Their use of serial commas, yes. Therefore making that which should be simple for an average person to understand, ambiguous.
    Last edited by brboyer; 08-30-2010 at 09:34 PM.

    I am not a lawyer!
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    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

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    Distinguished Member Rich7553's Avatar
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    Quote Originally Posted by brboyer View Post

    Their use of serial commas, yes. Therefore making that which should be simple for an average person to understand, ambiguous.
    Serial commas? "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Albeit confusing, it appears the legislature is in good company!
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