Dismissed:

Discussion in 'General GWL Questions' started by SigP229, Oct 5, 2007.

  1. SigP229

    SigP229 Active Member

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    If someone got arrested for drug possession and the case was dismissed...does that disqualify that person from getting a GFL? The arrest does show up on the background check. If could show the disposition shows that it was dismissed would that be ok?
    Asking for a friend.
     

  2. dave_in_ga

    dave_in_ga New Member

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    That is exactly the scenario I was involved in.

    Arrested, Booked, and the DA declined the charges. I never made a court appearance, never entered a plea. I had to get a court document indicating the charges were declined prosecution.



    See:

    https://www.georgiapacking.org/forum/viewtopic.php?t=5084

    This was for something that happened 33 years ago.....
     
  3. SigP229

    SigP229 Active Member

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    So being dismissed, not convicted, he'd (she) be fine?
     
  4. SigP229

    SigP229 Active Member

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    They went to court and charges were dismissed.
     
  5. dave_in_ga

    dave_in_ga New Member

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    You might want to clarify things with your Probate Judge, with it being drug related.
     
  6. Gunstar1

    Gunstar1 Administrator

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    THIS is where an expungment comes in. If an arrest is still on the record but they have decided they will not prosecute, then get the arrest expunged from the record the probate court looks at.

    If there was no judgement or probation/treatment and only an arrest is on the record, then just get the arrest record expunged. You do that by requesting the expungment from the jurisdiction this arrest was made in.

    Directions
    https://www.georgiapacking.org/expunge/e ... ctions.pdf

    Form
    https://www.georgiapacking.org/expunge/expunge1.pdf
    https://www.georgiapacking.org/expunge/expunge2.pdf
    https://www.georgiapacking.org/expunge/expunge3.pdf
     
  7. SigP229

    SigP229 Active Member

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    (5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.

    (B) As used in this paragraph, the term:

    (i) "Controlled substance" means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.

    (ii) "Convicted" means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.


    Dismissed is not convicted or any of the other parameters set forth in the code section so why would they need to get the record expunged? This was in different state also.
     
  8. ber950

    ber950 Active Member

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    Because an arrest can show up on a background check. Once the record is expunged it will not. Streamlines the process. You no longer have to supply a dismissal letter.
     
  9. SigP229

    SigP229 Active Member

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    Thanks. I was just asking if the dismissal letter was enough to get the GFL?
     
  10. mzmtg

    mzmtg Active Member

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    Your friend is clearly an unstable drug addict that has no business carrying a gun.
     
  11. SigP229

    SigP229 Active Member

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    It happened in 1973 when he was 16. He's as upstanding as anyone on this board. Don't be so quick to judge someone.
     
  12. budder

    budder Moderator Staff Member

    mzmtg is being facetious :) It's rare when he posts something serious.
     
  13. SigP229

    SigP229 Active Member

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    Sorry. Cool. I'm :oops:
     
  14. mzmtg

    mzmtg Active Member

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    I rarely have anything constructive to contribute to any discussion.
     
  15. Gunstar1

    Gunstar1 Administrator

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    Yes, it should be enough.
     
  16. budder

    budder Moderator Staff Member

    Yeah, you just stand around and look good. Except for that second part, of course.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You're obviously an unstable drug addict, too, and you have no business carrying a gun.
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    That is probably the last thing I would want to do.
     
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Do juvenile offenses show up on GCIC and NCIC and NICS?