2nd Amendment and Right to Bear Arms/Background Check
Expert: n/a - 4/29/2009
QuestionIn 1996 and 1997 I got arrested for forgery, possession of a stolen credit card and grand theft auto. I had adjudication witheld on all charges and was given 3 years probation. I completed my probation and have never been in trouble before or after this. I want to purchase a handgun and am being given all kinds of conflicting info on whether I'll be able to pass a background check or not. Since I was not convicted, I should be able to, is that correct?
AnswerIt depends on the State you are convicted in. When you plea bargain for adjudication withheld it's basically saying you are not convicted as a felon although you are still guilty of the crime, that's why you received 3 years probation as part of the plea. Some states have a time period that must elapse since the last day of Supervision before you can own or purchase a firearm. You will have to find out your states law. If they are restricting you as a felon then you must get full restoration of rights. I would try and get a non-resident permit like Virginia or Florida. I believe they don't count adjudication withheld as a conviction. If you need the ccw course for Virginia send me your e-mail address and I will send you the link to a 1 hour online course.
Good Luck