Carry Permit - Felon

[unclear.six]

I got a younger buddy who is turning 21 soon.

A few years ago he was at house with a few friends drinking and the cops got called for a disturbance in the neighborhood, and they ended coming to his door instead of where the actual disturbance was.

The LEO's demanded entrance and he refused based on the fact they didn't have a warrant, and no probable cause. He did this through a closed locked door.

After a few minutes the cops busted the door down and tackled him, placed him under arrest at the time for underage possession of alcohol, but by the time they got to the station they trumped up resisting arrest, and obstruction of justice.

Anyway this isn't about what happened, it's about what is happening. The judge dropped the resisting arrest.

The deal was,

5 years in prison reduced to 2 weeks plus time served.
5 years felony probation, reduced to 2.5 years.
100 hours of community service with the option of paying a $500 fine instead (which he paid).
He had to pay all fines up front, which he did.
Keep his nose clean for the duration of his probation and all charges would be expunged, and he would no longer be a felon.

Currently his records are sealed and he has changed jobs with a background check without issue.

I'm not looking for legal advice just opinion, I don't see why he should have trouble getting his GWL, do you?

 

[unclear.six]

I guess is an expgungment the same as a pardon?

http://www.georgiapacking.org/gflbg.php

 

[Hasselhoss]

Exerpt from http://www.beforeyouplea.com/ga

Who has access to sealed juvenile records? Once records are sealed, they can only be inspected by those persons named in a court order or criminal justice officials upon petition for official judicial or criminal justice purposes. After the record is reopened and the proceeding to reopen the record is terminated, the Court shall order that the record be resealed.
How will sealed juvenile records affect a juvenile in their future?
Once a juvenile record is sealed, “the proceeding shall be treated as if it had never occurred."
How may a juvenile with a sealed record respond inquiries about juvenile records?
If a juvenile record has been sealed, the juvenile may properly respond that he has no record.

 

[SkyBreaker]

I guess is an expgungment the same as a pardon?

http://www.georgiapacking.org/gflbg.php

not a lawyer... But its my understanding in Ga that an expungment isnt the same as a pardon. It STILL remains on your record for everyone and their brother to see... But there is a little stamp that says it has been expunged.. It is never removed.

 

[jloneill17]

I'm trying to remember, on the application, do they ask if you have every been charged or convicted of a felony? I can't remember.

 

[unclear.six]

http://www.co.bibb.ga.us/ProbateCourt/WCLAppPack.pdf

 

[unclear.six]

You know I'm pretty sure he was convicted under the guidelines of the First Offender Act.

http://www.ms-firm.com/first_offender_act_in_georgia.html

According to this:

http://www.pap.state.ga.us/opencms/export/sites/default/resources/Pardon_Applicationjuly2010.pdf

It looks like if you were charged under that you already have a pardon?

 

[jlcnuke]

Has he filed for an expungement of his conviction?

http://gbi.georgia.gov/vgn/images/p...to Expunge Arrest Record and Request Form.pdf

On the topic of pardons:

Pardons
Pardon – an order granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence(s) for a criminal offense. A Pardon is an official statement attached to the criminal record that states that the State of Georgia has pardoned the crime. It does not expunge, remove or erase the crime from your record. The applicant must wait until at least five years have elapsed since the applicant was released from supervision (including probation and/or parole).

Restoration of Rights - an order restoring a person’s civil and political rights which are lost in Georgia upon conviction. These include the right to run for and hold public office, to serve on a jury and to serve as a Notary Public. Restoration of rights does not include the right to possess, own or to carry a concealed firearm. The right to vote is automatically restored upon completion of your sentence(s); therefore you need not submit an application in order to restore your right to vote.

What is the difference between a restoration of rights and a pardon? Restoration of civil and political rights, if granted, will fully restore citizenship. It removes all civil disabilities and disqualifications imposed as a result of a conviction. These rights include the right to run for and hold public office, to serve on a jury, and to serve as a Notary Public. A pardon is an act of official forgiveness and is granted only in exceptional cases. It mayserve as a means for the petitioner to advance in employment or education. A pardon does not expunge (remove) an offense from your record.

 

[unclear.six]

Has he filed for an expungement of his conviction?

http://gbi.georgia.gov/vgn/images/portal/cit_1210/61/11/1493302652009-36 Attachment A - Instructions for Request to Expunge Arrest Record and Request Form.pdf

From what I understand, the expugment is automatic and included as a term of him completing his sentence as it was handed down.

 

[BIKER13]

First offender,completed all requirements.Should be no record of charges.but.....the last time I applied. for my renewal which is really a new app in DeKalb they pulled up a charge from Dec 1979,got it fixed and got my permit later in the mail.