what to do if denied...previous arrest record

Discussion in 'GWL News & Information' started by railin93, Oct 7, 2010.

  1. railin93

    railin93 New Member

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    hey guys...been on the fence about applying for my GFL and carrying but i think i have pretty much decided its a go and now i just have to fund the process...i do have a question and possible scenario to go along with the questions...

    scenario: i was arrested when i was 19 (turn 34 on sunday) for domestic violence but was NOT convicted of any offense officially but was DEAD DOCKETED and sent on my way...the official background check shows as much and states this and i have purchased a few rifles and my handgun recently with no trouble other than the delay on my NICS check to be done and approved...nothing on my record aside from that to speak of other than traffic violations...

    ok, now the questions...

    1) this is a shall issue state and as long as i dont have drug, felony, or DV CONVICTIONS then i should be able to get my GFL, right?

    2) what recourse do i have if the judge denies the application since i WASNT convicted but arrested all the same?

    3) has anyone had this type of situation happen to them and what was the outcome?...anyone with advice or info, please chime in!!!

    4) if i am approved, the GFL is a "good to go" card at FFL's for future purchases without having to do the NICS, right?...no more waiting i hope

    thanks guys and gals for any help because the wife and i want to get ours asap and she doesnt even have so much as a stray hair on her record but i dont want to pay all that money and be denied if i can find out ahead of time if it's even worth trying for!
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    A Dead Docket is not a dismissal.
    It means the case remains open indefinitely until you ask the Court to dismiss the charges (or ask the prosecutor's office to do that), or until the prosecutor asks the Court to take it off "dead docket" and put it back on a trial calendar to be prosecuted (like if you violated one of the conditions for dead docketing).

    So anyone who does a "dead docket" needs to follow up a few years later and go ahead and ask for that official dismissal, signed by the judge, and entered into the records as a dismissal, with no admission of guilt, no penalty.
    Just a flat-out dismissal. Not a "nolo" plea. Not an "Alford" plea. Not a "first offender" plea. Not a "pre-trial intervention" or some such version of First Offender treatment. A dismissal.

    And then when the charge is dismissed, see about getting it expunged from your record, even though law enforcement officers and court officials will always be able to see the full version of your criminal history, regardless of expungement. But for purposes of credit checks, employment related background checks, etc, an expungement is useful. (But the Probate Court will get the full record and will know about the arrest and dismissal).
     

  3. Gunstar1

    Gunstar1 Administrator

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    If you can get it resolved quickly you can submit the proof to the probate court without having to reapply. If it takes a few months before the dead docket is removed, you will probably have to apply all over again (in either case, get your own copy of the dismissal so that you can show that to the probate judge, don't rely on the records to be up to date... it could take a little while for all the paperwork to find its way into the computer).
     
  4. railin93

    railin93 New Member

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    guess i'll look into the dismissal of it if the DA or prosecutor will do so since i havent had any trouble or whatever since then...hopefully they will andi can get on with my life and enjoy some relief from that stress i caused myself back then...
     
  5. vanguard

    vanguard New Member

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    best wishes and happy birthday :righton:
     
  6. railin93

    railin93 New Member

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    thanks and the b-day isnt officially til sunday...10-10-10..woot!!!
     
  7. ookoshi

    ookoshi Moderator

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    Me too!
     
  8. railin93

    railin93 New Member

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    well, called the DA for Walton county ans she was really nice but couldnt find it right off hand so she said she would have to research it and get back to me on it...hope i can get this thing settled for not too much out of pocket and be on my way to a life of less stress
     
  9. vanguard

    vanguard New Member

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    Hey I know how you feel, I applied for my carry permit in mid april of 2007 and was turned down because of a non judgement pot charge(1 joint) back in 1994, in miami, Fl. but I joined up with GCO and was chosen to go to atlanta to tell my story at the state capital building with other GCO members in the same boat, well it paid off, I believe in june of this year the law was changed and I now have my GWL. so hang in there it might take a while but it is worth the fight. :D
     
  10. railin93

    railin93 New Member

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    thanks van...i dont give up or give in so i plan to walk this thru as far as i can before its over...

    btw...i got a bunch of buddies at work from maysville...we work at Kubota in jefferson...my dad is a Hall county SO too and patrols out that way...working this weekend!