Expert: Dean Speir - 10/7/2009

Question
My question pertains to background checks: what kind of hassle am I going to get when I purchase a gun?

Background info: I live in Florida. I was charged with felony possession of marijuana but the charges were ultimately dismissed. So I'm not a felon, and have never been involved in any other offense that would disqualify me (e.g. sex offenses or violent offenses). 17 yrs ago I plead guilty to misdemeanor possession in Virginia. I plan to get the record of the case expunged, but not sure if it will go through because of the misdemeanor. I was able to obtain a CCW prior to the arrest for felony possession, and they suspended it pending the outcome of the trial. Even if my record does not get expunged I know I am eligible to possess a gun, but I don't want to buy a gun and then have it held up when I go pick it up. So what is your advice on dealing with this?

Thanks for all your help!

Anecdotally, back in 2006 when I first applied for my CCW here in FL I was originally denied because the FBI had me listed as a felon. Apparently when the conviction was reported to the FBI it did not specify whether it was a misdemeanor or felony, so they arbitrarily decided to make it their choice as to how it was listed. I had to go to the original courthouse 1,000 miles away in Virginia to obtain the record that said it was a misdemeanor to correct the record by the Feds. I have to wonder how many people out there are being denied credit, jobs, housing, etc. because the Federal records are inaccurate.  

Answer
This is a Criminal Justice matter. How did you imagine that it was  a Second Amendment question?

You should consult with an attorney there in Florida. Since you have already obtained a Record of Disposition from the Virginia Court, the hardest (i.e., most time-consuming) part is over.

G'luck to you…