Are you sure you didn't plead guilty? That's often a requirement to get into a diversion program.
Also: http://www.youtube.com/watch?v=i8z7NC5sgik
Also: http://www.youtube.com/watch?v=i8z7NC5sgik
Applying for CCW w expunged arrest
Hey guys, quick question:
A few months ago a neighbor found a bullet on his property. No biggie right? Wrong!
I had been shooting that day, and he complained to the police. I cooperated with them (e.g. admitted I'd been shooting, etc) and wound up being arrested for reckless endangerment (which is not a violent crime, and that's important)! :shocked:
The charges were never filed, I paid a fine and did a diversion program, and I'm going through the process of getting the arrest expunged. I never was convicted, went to trial, or plead guilty to anything. Here's the Q:
Will I be able to get my CCW post-expungement? I was foolish not to already have it at the time of the incident, I know, but hindsight is 20/20. Anyone have experience applying with a prior expunged arrest?
A few months ago a neighbor found a bullet on his property. No biggie right? Wrong!
I had been shooting that day, and he complained to the police. I cooperated with them (e.g. admitted I'd been shooting, etc) and wound up being arrested for reckless endangerment (which is not a violent crime, and that's important)! :shocked:
The charges were never filed, I paid a fine and did a diversion program, and I'm going through the process of getting the arrest expunged. I never was convicted, went to trial, or plead guilty to anything. Here's the Q:
Will I be able to get my CCW post-expungement? I was foolish not to already have it at the time of the incident, I know, but hindsight is 20/20. Anyone have experience applying with a prior expunged arrest?
1 - 20 of 40 Posts
Yeah. Let's just say I'm not really the type of guy that this stuff would foreseeably happen to. The police dept. has been pretty good about helping me through this and isn't really out to get me since, given my background, they don't really see me as a threat to society, etc.
Since the charge never got filed, I never had to answer it.
Since the charge never got filed, I never had to answer it.
Wow, questions before we get to your problem.
How did the guy 'find' a bullet?
Did you have a lawyer? No way a lawyer would have allowed that to be pinned on you!
Well unless it was your bullet! Was it?
How did the guy 'find' a bullet?
Did you have a lawyer? No way a lawyer would have allowed that to be pinned on you!
Well unless it was your bullet! Was it?
First thing I learned on GT, never talk to the police.
Well, let's just say the whole scenario was a real mess. Lots of folks shoot back in the woods in question, so it could have been anyone's bullet. I felt that I couldn't afford an attorney at the time, having recently graduated college and being broke as a joke.
The problem was that the bullet in question was clearly a 9mm, which I had been firing that day.
The guy had heard me shooting and was allegedly trying to figure out who was doing it when the bullet allegedly exited the forest and landed alarmingly close to him. (Keep in mind this guy lives ~1500 ft from the spot where I was firing, and that there is a THICK forest between our properties).
There's no need to get lost in the details, the charge has been dealt with. The sheriffs described the scenario as a "freak accident that they were being forced to deal with by [my] angry neighbor." They took the gun in question, and as a showing of good faith let me keep my others.
I just want to know if I'll have trouble with my CCW app.
The problem was that the bullet in question was clearly a 9mm, which I had been firing that day.
The guy had heard me shooting and was allegedly trying to figure out who was doing it when the bullet allegedly exited the forest and landed alarmingly close to him. (Keep in mind this guy lives ~1500 ft from the spot where I was firing, and that there is a THICK forest between our properties).
There's no need to get lost in the details, the charge has been dealt with. The sheriffs described the scenario as a "freak accident that they were being forced to deal with by [my] angry neighbor." They took the gun in question, and as a showing of good faith let me keep my others.
I just want to know if I'll have trouble with my CCW app.
...If you cannot afford one, one will be appointed to you free of charge.I felt that I couldn't afford an attorney at the time, having recently graduated college and being broke as a joke.
There's no one on this board that can give you a definitive answer. You'll only find out when you turn in your application. Good luck.I just want to know if I'll have trouble with my CCW app.
doesnt matter. There is now a record.
Right, I know this, but I was never formally charged, you see, so it didn't get to that point....If you cannot afford one, one will be appointed to you free of charge.
Could you please elaborate? I think what you mean to say is that the FBI retains a record of the arrest despite expungement, which is true, as far as I know. But how will this affect the application process?doesnt matter. There is now a record.
Haha, I'm afraid you're right, my situation is a rather unique one. If anyone here or a friend of a friend has been in a similar situation, let me know.There's no one on this board that can give you a definitive answer. You'll only find out when you turn in your application. Good luck.
Post edited. Too legal related and you're You're best off getting an attorney I think.
Roach
Roach
Precisely! You are right in your assertion that a person in my situation would not have a criminal record.If you've not been found guilty of any crimes how can you have a criminal record? It shouldn't matter that you were under arrest I wouldn't think so long as the charges were dropped and it sounds as though they were. Is there something I'm missing? From what I understand under Federal Statute there are Certain misdameanors which will place you into a weapons disability status but only if you're convicted of them. You're best off getting an attorney I think.
Roach
However, the arrest record stays with the local precinct until expungement, and as far as I know, the FBI is put on notice of criminal arrests and retains records regarding them indefinitely. It's the "invisible" arrest record that the FBI supposedly keeps that makes me wonder how things will turn out.
Well simply apply and find out then.Precisely! You are right in your assertion that a person in my situation would not have a criminal record.
However, the arrest record stays with the local precinct until expungement, and as far as I know, the FBI is put on notice of criminal arrests and retains records regarding them indefinitely. It's the "invisible" arrest record that the FBI supposedly keeps that makes me wonder how things will turn out.
Did I miss the state?
It sounds like Marylands "alfords plea", meaning admitting to the fact that you agree there may be enough evidence to convict, but not admitting guilt. If that's what it is you should be good to go after expungement from what I understand.
:wow::faint: I think I'm speechless..............They took the gun in question, and as a showing of good faith let me keep my others.
Did they give it back? If you know the local LEO, go ahead and ask them if there is anything recorded? Sometimes Expunging is easy, sometimes the Gov has to sign off.
It also depends on if its a shall issue state or not. Worse case is that you may have to go in front of the judge and plead your case.
It also depends on if its a shall issue state or not. Worse case is that you may have to go in front of the judge and plead your case.
They took the gun in question, and as a showing of good faith let me keep my others.
I just want to know if I'll have trouble with my CCW app.
Unless it was a Hi-Point I would be calling the plumber to get the brick out of my toilet.:wow::faint: I think I'm speechless..............
I get the feeling a few people here are (barely) resisting the urge to whip it out and piss all over your thread for that fact you admitted you had a run in with the law.
What state are you in? I really think it's going to come down to that. In Florida you would be fine (it seems to me there is a grace period though from when you get into trouble). Be honest, follow the instructions very carefully, submit the application and hope for the best.
What state are you in? I really think it's going to come down to that. In Florida you would be fine (it seems to me there is a grace period though from when you get into trouble). Be honest, follow the instructions very carefully, submit the application and hope for the best.
In my jurisdiction, pre-trial intervention is--essentially--a contract made between the Defendant and the jurisdiction's prosecutor which allows him to avoid a charge and conviction for a minor misdemeanor.
The defendant admits guilt by signature and agrees to complete some milquetoast probation-type requirements (CS, etc.). There is no information or indictment filed and the judiciary is not involved.
If the Defendant fails to complete the requirements, the prosecutor simply charges him and things proceed as normal.
OP, it's likely you're just going to have to apply and find out. But, you for damn sure SHOULD NOT LIE on that application, nor should you sign it if you are unsure of what you are declaring.
The defendant admits guilt by signature and agrees to complete some milquetoast probation-type requirements (CS, etc.). There is no information or indictment filed and the judiciary is not involved.
If the Defendant fails to complete the requirements, the prosecutor simply charges him and things proceed as normal.
OP, it's likely you're just going to have to apply and find out. But, you for damn sure SHOULD NOT LIE on that application, nor should you sign it if you are unsure of what you are declaring.
1 - 20 of 40 Posts
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