Will a Sealed Criminal Record Be Avaiable In a Background

Discussion in 'General GWL Questions' started by 2therock, Oct 12, 2006.

  1. 2therock

    2therock New Member

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    I have been denied carry permit due to a 1974 Florida arrest for Delivery of marijuana. A guilty plea but judification was "Withheld".
    I explained there is not a conviction but he denied me.
    I can have the record sealed for sure but will it do me any good. Some law enforcement agencies can access sealed records.

    Will the Bartow County Court have access to my sealed record?
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    what is a "sealed record"

    What is a "sealed" record? I am unfamiliar with such a thing, at least as concerned with criminal prosecutions of adults. I have heard of court records involving juveniles being sealed. 32 years ago, were you an adult or a minor? What kind of court handled your case?

    In Georgia, we have such a thing as a "First Offender Plea." It's just like a guilty plea, but rather than resulting in conviction, it results in being put on "first offender probation." And the probation is actually not a "sentence" because you have to be "adjudicated guilty" before the court can "sentence" you. But the conditions of first offender probation are imposed on you by the judge (though with your consent and at your request) and they are binding on you. And if you successfully complete first offender probation with no violations, you are never "adjudicated guilty" and you have not been "convicted" of this offense.

    But what the Legislature Giveth, the Legislature can Taketh Away. And they did, as far as pistol permits for drug-crime "first offenders" go. Georgia's law says that if you ever pled under first offender for any drug crime, even if you've never been "convicted" of it, you are ineligible for a firearms license. Even though you may not be prohibited from "owning" or "possessing" a firearm, you can't get a GFL under 16-11-129 to carry it.

    Of course that applies to Georgia criminal proceedings under Georgia's first offender law. I am not sure how the Georgia courts would treat a Florida criminal case that ended in something like a "first offender" plea, a "nolo contendre" plea (in Florida, they do not consider nolos to be "convictions" unless some incarceration time was imposed, as contrasted with straight probation), or a "dead docket" or "conditional dismissal" agreement.

    It might take an attorney licensed both in Florida and Georgia to answer this question for you. I'm not giving any legal advice; just spouting some ideas off the top of my head to be debated by the group here at this website.
     

  3. ls1ssdavid

    ls1ssdavid New Member

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    I was told there is no such thing as a "sealed record". It is only sealed to some people (ie: McDonalds or some lesser sensitive background check) and others have access (ie: federal government or security clearance sensitive type jobs).

    I have had friends tell me that there judge told them the same thing. That once they become an adult they're juvenile records are sealed. But like I said, it only depends on who is looking into your background :wink: .
     
  4. 2therock

    2therock New Member

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    Adult Records Sealing

    I was an adult at the time. As per lawyer consultation the sealing is a done deal, all I have to do is the process. In FL, one cannot have a history expunged if a guilty plea was made, ajudification withheld or not.
    It will take around 5 months to seal it. I am doing it myself. I started the process yesterday. I will apply for the GFL again and report here the outcome. It will be a while though.
    The GFL is really not my top concern, but still very, very important to me. I am also applying for a private investigators permit. This is my main concern. This is how I want to supplement my retirement pocket change and keep my mind and body active. It does not have to be dangerous work. I just figured if I can get a GFL, I am a shoe in for an Armed Detective Employee's permit, but an Unarmed Detective Employee permit will due if it is my only option.
    I called the GEORGIA BOARD OF PRIVATE DETECTIVE & SECURITY AGENCIES and was glad to hear each application was treated individually by a board of several evaluators and can be appealed, with personal appearances if requested. It looks like I will be able to do this easier than getting a GFL.

    I also called the FBI Atlanta office to ask about the sealed record showing up at my county court level and they had no idea. Geesh.
    I then called the GBI and was told they no longer did the history checks for GFLs' but was told they NEVER denied a GFL for charges with Ajudification withheld cases. He said I should have been granted it but this must have been before the law change in the above mentioned post.
    No one can tell me who performs the history check. I want to call them to see if the sealing will be a waist of time or not.
     
  5. Gunstar1

    Gunstar1 Administrator

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    Call your Probate Court Judge.
     
  6. jrm

    jrm Sledgehammer

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    I think you're calling people in the wrong state. You already know the probate judge will deny you if the case shows up, so what you are looking for is, "will the case show up?" Only people in FL can tell you what it means to be "sealed." Basically, I think what you should ask is will they remove it from the NCIC (the FBI system that keeps a national data base of criminal information) if it is sealed? If they will, then I don't see how the background checks of GA and national records will reveal it. If they won't, then it will show up in the NICS check.