Expert: Dean Speir - 12/5/2008

Question
QUESTION: I plead guilty to a charge in 1991 (17 years ago) the charge is listed as Possession of a small amount of marijuana, ungraded misdemeanor. I applied for a CCP in North Carolina and was denied. What can I do. Long story short I own a business and a worker left a pack of cigs in the company truck, well guess what?? Traffic stop and cop finds stuff in box, (I dont even smoke) but no less took the rap. What can I do, my denial says I can appeal the decision. ????? Thanks, Roc

ANSWER: Why you "took the rap" is best known to you, but I suggest that you consult an attorney and have him or her explain your present options to you.

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QUESTION: I took the rap because I was the only one in the truck at the time. Employee left in truck day before. anyway is there another way to apply for a ccw, I hear of you sometimes suggesting a Virginia CCW...Thanks, Roc

ANSWER: Then I suggest that you didn't "take the rap" so much as you didn't have much of a choice. But I hope that you fired the employee for putting you in the jackpot like that.

Since you aver that it was an "upgraded misdemeanor," and assuming that you've been on the side of the righteous and Godly in the intervening years, I think that a local attorney can assist you in obtaining a Certificate of Relief from Disabilities or perhaps even an expunging of that criminal record, and guide you in the appeal of the CCP Denial.

This would be a critical step for you since any application you make from this point forward for any sort of license… pilot's license, alcoholic beverage license if you ever wish to own a restaurant or tavern, real estate sales license… will ask if you have ever been denied a license of any kind.

As of now, you have… and that's not good.

G'luck to you!







---------- FOLLOW-UP ----------

QUESTION: It was classified an (ungraded misdemeanor). Im 42 now and that was the 1st and only time I have ever had a problem with the law. Your info is great, in your opinion is it even worth trying to get a non-resident Virginia permit to carry, or should I just seek an Attorney now. Any info on either choices would be helpful, if you think an attorney is my best choice, then what do you think my odds are of ever getting a CCP. Thanks, Roc

Answer
With an sort of conviction on your record, you'd likely get denied a non-resident Virginia CCW. Or you'd have to lie (a felony!) to get one… remember, one of the questions you'll have to answer if "Have you ever been denied a license for anything?"

And if you were straight truthful up on your Virginia application and still somehow managed to obtain that neighboring state CCW, North Carolina would probably be notified, and they wouldn't take it very well that, having already denied you their own CCP, you'd done an "end run" around them.  

Get an attorney and stop being lazy, cheap, or both! At 42 you still have a lot o'livin' to do, and it wouldn't be smart to jam yourself up any further!

But your choice!