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Thread: Felony charges dropped/record sealed or expunged and CCW?

  1. #1
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    Felony charges dropped/record sealed or expunged and CCW?

    My cousin was involved in a domestic dispute with her live in boyfriend and she was arrested on felony charges of assault,those charges were dropped and she had her record expunged or sealed I can't remember which she said it was. She said her attorney said that either of these procedures are exactly the same is regards to the outcome of a criminal records search.

    Anyways this was over a year ago and she now wants to obtain her CCW permit will she have a problem purchasing a handgun or getting a carry permit under these circumstances?

  2. #2
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by 1911luver View Post
    My cousin was involved in a domestic dispute with her live in boyfriend and she was arrested on felony charges of assault,those charges were dropped and she had her record expunged or sealed I can't remember which she said it was. She said her attorney said that either of these procedures are exactly the same is regards to the outcome of a criminal records search.

    Anyways this was over a year ago and she now wants to obtain her CCW permit will she have a problem purchasing a handgun or getting a carry permit under these circumstances?
    Have her take this eligibility test:

    http://app1.licgweb.doacs.state.fl.u...questions.aspx

    Concealed Weapon or Firearm License Preliminary Eligibility Determination
    Your answers to this preliminary questionnaire are not a part of your actual application to be reviewed by the Division of Licensing. This questionnaire includes 30 questions and is provided only to help you make a preliminary determination of whether you may be eligible for a Florida Concealed Weapon or Firearm license. After you complete the questionnaire, you will receive instant notification regarding your eligibility. If your answers indicate you must submit supplemental materials with your application to prove your eligibility, you will be informed what is needed.


    --------------------------------------------------------------------------------

    Are you 21 years of age or older? Yes No


    Do you suffer from a physical infirmity that prevents the safe handling of a weapon or firearm? Yes No


    Do you desire a legal means to carry a concealed weapon or firearm for lawful self-defense? Yes No


    Do you have one of the forms of training documentation required under Section 790.06 (2)(h), which demonstrates competency with a firearm? More info Yes No


    Have you renounced US citizenship? Yes No


    Are you a fugitive from justice? More info Yes No


    Are you currently under arrest or charged with any felony? More info Yes No


    Are you currently under arrest or charged with any crime punishable by imprisonment for more than one year? More info Yes No


    Are you currently under arrest or charged with any crime of violence? More info Yes No


    Are you currently under arrest or charged with any crime of domestic violence? More info Yes No


    Are you currently under arrest or charged with a crime under the provisions of Chapter 893, Florida Statutes, or similar laws of any other state relating to controlled substances? More info Yes No


    Are you currently residing in the United States? Yes No


    Are you a United States citizen? Yes No


    Have you been convicted of a felony as described in Section 790.23, Florida Statutes? More info Yes No


    Have you had adjudication of guilt withheld on any felony? Yes No


    Have you received a suspended sentence on any felony? Yes No


    Have you had adjudication of guilt withheld on any misdemeanor crime of violence (that was NOT domestic violence)? More info Yes No


    Have you received a suspended sentence on any misdemeanor crime of domestic violence? More info Yes No


    Have you been convicted of a misdemeanor crime of domestic violence? More info Yes No


    Have you been found guilty of a misdemeanor crime under the provisions of Chapter 893 or similar laws of any other state relating to controlled substances? Yes No


    Have you been convicted under Section 790.151 relating to using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances? Yes No


    Have you been deemed an habitual offender under Section 856.011(3) relating to disorderly intoxication? Yes No


    Have you had two or more convictions under Section 316.193 or similar laws of any other state relating to driving under the influence? Yes No


    Have you been committed under Chapter 397 (or former Chapter 396) or similar laws of another state for alcohol abuse or controlled substance abuse? Yes No


    Are you an unlawful user of, or addicted to, any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)? Yes No


    Have you been issued an injunction that is currently in force and effect restraining you from committing acts of domestic violence or acts of repeat violence? More info Yes No


    Have you been convicted in any court of a crime punishable by imprisonment for a term exceeding one year? Yes No


    Have you ever been adjudicated an incapacitated person under Section 744.331, or similar laws of any other state? More info Yes No


    Have you ever been involuntarily committed to a mental institution under Chapter 394, or similar laws of any other state? More info Yes No


    Are you a veteran of the Armed Forces? Yes No
    Have her go to the actual website and answer the questions, then hit submit and it will tell her if she is eligible or not.

    Also, here is some criteria for eligibility:

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

    Eligibility
    Eligibility Requirements

    You must be 21 years of age or older.

    You must be able to demonstrate competency with a firearm.

    Unless you are serving overseas in the United States Armed Forces, you must currently reside in the United States (US) AND be a US citizen or deemed a lawful permanent resident alien by Department of Homeland Security, US Citizenship and Immigration Service (USCIS). If you are serving overseas in the US Armed Forces, submit a copy of your deployment documentation with your application. If you are not a US citizen, submit documentation issued by the USCIS proving you are a permanent legal resident alien with proof you have resided in the state of residence (as shown on your application) for at least 90 consecutive days prior to the date the application is submitted.

    Proof of residence includes, but is not limited to:

    Monthly utility, telephone, power, or cable bills, which show your name and address.

    Monthly pay stubs or other documentation from your employer, which show your name and address.

    Monthly credit card statements, which show your name and address.

    Possible Reasons for Ineligibility:

    The physical inability to handle a firearm safely.

    A felony conviction (unless civil and firearm rights have been restored by the convicting authority).

    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.

    A conviction for a misdemeanor crime of violence in the last three years.

    A conviction for violation of controlled substance laws or multiple arrests for such offenses.

    A record of drug or alcohol abuse.

    Two or more DUI convictions within the previous three years.

    Being committed to a mental institution or adjudged incompetent or mentally defective.

    Failing to provide proof of proficiency with a firearm.

    Having been issued a domestic violence injunction or an injunction against repeat violence that is currently in force.

    Renouncement of U.S. citizenship.

    A dishonorable discharge from the armed forces.

    Being a fugitive from justice.

    Detailed explanations of these various disqualifying conditions are provided in the Application for the Concealed Weapon/Firearm License.
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    of the United States against all enemies, foreign and domestic ...

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    Quote Originally Posted by 1911luver View Post
    My cousin was involved in a domestic dispute with her live in boyfriend and she was arrested on felony charges of assault,those charges were dropped and she had her record expunged or sealed I can't remember which she said it was. She said her attorney said that either of these procedures are exactly the same is regards to the outcome of a criminal records search.

    Anyways this was over a year ago and she now wants to obtain her CCW permit will she have a problem purchasing a handgun or getting a carry permit under these circumstances?
    If everything is as she says it is she'll have no problem.

  4. #4
    Senior Member jimmills's Avatar
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    I keep seeing that, "Have you ever had adjudication of guilt withheld on any felony." So, here is my ignorance, put on display for all to see. What the blazes does that mean?

    Jim

  5. #5
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by jimmills View Post
    I keep seeing that, "Have you ever had adjudication of guilt withheld on any felony." So, here is my ignorance, put on display for all to see. What the blazes does that mean?

    Jim
    Best way I can answer that is to post this ....

    http://www.avvo.com/legal-guides/ugc...ation-withheld


    As part of the Criminal Justice System in Florida, the Courts are allowed to withhold the adjudication of people who have been found guilty of violating a criminal law. This is important because the implication of receiving a withhold of adjudication instead of being convicted are far ranging.

    1) What does it mean to be "found guilty?"

    In Florida, being found guilty means that you have either admitted guilt by entering a guilty or no contest plea to a criminal charge or you were found guilty by a jury after a trial. Only after you have been found guilty can the court consider the adjudication.

    2) What does it mean to be Adjudicated Guilty?

    First, you cannot be adjudicated guilty unless you have first been found guilty by the court. After a finding of guilt the court has the option of adjudicating you guilty or withholding the adjudication of guilt. By adjudicating you guilty the court is convicting you of the crime. If the offense is a felony the loss of your civil rights will occur. Being adjudicated guilty also makes you ineligible to have any criminal history record sealed or expunged.

    3) What does it mean to have the Adjudication Withheld?

    Again, you cannot have adjudication withheld unless you have first been found guilty by the court. After a finding of guilt the court has the option of adjudicating you guilty or withholding the adjudication of guilt. By withholding the adjudication of guilt the court is not convicting you of the crime. If the offense is a felony you will not lose your civil rights. Having the adjudication of guilt withheld also leaves you eligible to have your criminal history record sealed or expunged so long as you do not have an adjudication of guilt in any other case and the offense qualifies.
    I, do solemnly swear that I will support and defend the Constitution
    of the United States against all enemies, foreign and domestic ...

    ...
    " If we lose freedom here, there's no place to escape to.
    This is the last stand on earth. "- Ronald Reagan, October 27, 1964

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    NRA Life Member

  6. #6

    no need

    if the charges were dropped why would anyone need to have something expunged? something doesn't fit. if you are found guilty of a felony you would need a pardon. An expungement wouldn't help in getting ccw.

  7. #7
    Senior Member MiklColt45's Avatar
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    Quote Originally Posted by 1911luver View Post
    My cousin was involved in a domestic dispute with her live in boyfriend and she was arrested on felony charges of assault,those charges were dropped and she had her record expunged or sealed I can't remember which she said it was. She said her attorney said that either of these procedures are exactly the same is regards to the outcome of a criminal records search.

    Anyways this was over a year ago and she now wants to obtain her CCW permit will she have a problem purchasing a handgun or getting a carry permit under these circumstances?
    1911,

    Something doesn't fit. She either had the charges dropped OR she was found guilty and they then expunged or sealed her records. She needs to figure out which it is. She, of course, would have paperwork to answer this question...

    Anyway, the statement bolded seems incompatible.
    He is no fool who gives what he cannot keep to gain what he cannot lose. -Jim Elliott

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    Senior Member henryher's Avatar
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    Quote Originally Posted by 1911luver View Post
    My cousin was involved in a domestic dispute with her live in boyfriend and she was arrested on felony charges of assault,those charges were dropped and she had her record expunged or sealed I can't remember which she said it was. She said her attorney said that either of these procedures are exactly the same is regards to the outcome of a criminal records search.

    Anyways this was over a year ago and she now wants to obtain her CCW permit will she have a problem purchasing a handgun or getting a carry permit under these circumstances?
    Is it just me or is any one else thinking maybe she is not the best candidate for a CWFL?
    "We must all hang together, or, assuredly, we shall all hang separately." Benjamin Franklin at the signing of the Declaration of Independence, July 4, 1776

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    I believe she said the arrest itself was expunged from her record. I'll ask her to be more specific. But as I said she did purchase a handgun without any issues. I know it is convictions of felonies that prevents you from owning a gun,in theory someone can be arrested 10 times but is a conviction that disqualifies one form lawful gun ownership.

  10. #10
    Member jeiber's Avatar
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    Quote Originally Posted by henryher View Post
    Is it just me or is any one else thinking maybe she is not the best candidate for a CWFL?
    I was thinking the exact same thing.

    As already mentioned, you can't have your record expunged unless you've been convicted.

    Although she MAY legally be able to obtain a CCW, personally I wouldn't encourage it. Chances are nothing bad will ever happen, but if her 'violent' history repeats itself (it often does)... do you want to be known as the person who helped her get a CCW?

    Again, just my worthless 2c, I'm sure many will disagree.

    Jeff
    I'm not an attorney, I just sleep with one.

    "I will never forget that I am an American, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America."

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