Carry Permit - Felon

[No2sc2]

Anything you do in juvenile doesn't matter, when you turn 17 that's when you're an adult and everything you do counts. If you plead under first offender act, you don't plead guilty or no guilty, it means it allows courts to sentence you on terms and if completed, it wouldn't be "considered" as a felony, ok here's the tricky part, if it's a felony and FOA, you have to WAIT 5 years AFTER discharge of FOA probation to beable to apply for permit, you also have to have the discharge paperwork to attached with it. Like some people here say, it will be on your record until you get your probation officer to submit the discharge paperwork to gcic which is the gbi. Apparently it's not their job to update your record. That's it! You have to wait 5 years until you get permit but here's the weird thing, I've talked to NICS and they a person who completed FOA may pass a NICS for purchase and law states that You are NOT allowed to possess firearms WHILE under FOA probation(standard requirements for probation anyways) but once you complete and off probation, you can possess and own and purchase firearms, you just CANT carry till you get your permit which I said, 5 years after discharge date of first offender act.

So here to sum it up, get your FOA update thru gcic by talking to your probation officer or go to court and get certified copy of the discharge and probation termination then send it to gcic. Takes about 4 weeks for gcic to update but if probation officer does it, it updates within 24 hours. I did it by myself because the time PO takes to dick around would be the same amount time or you can do both to guarantee it. Wait 5 years after discharge date to apply for carry permit, but till then you have to go they NICS check when you buy but under NICS standards, anyone under FOA can pass.

 

[No2sc2]

If you look at the two pics I attached one has codes and one has people who can see a criminal history and what they can see. If you at the ones with purpose codes. Look at "F". And then look on the other one where it says permits and you will see it is marked for first offender.

Most of his other liberties will not change once he completes first offender other than his ability to possess firearms

Interesting how you have those papers to show what comes up on background check?

Yeah person who under first offender act, have to have certified copies of termination of probation and discharge from
FOA, to attached with the permit application. NICS is what they use for the permit and firearm check, so they will see everything! But they will see FOA which will state that the person has completed satisfactory.

Oh yeah I forgot, NICS did state 1 year after discharge, you can purchase firearms. I forgot about that part. Yeah, 5 years after discharge for permit application, 1 year after discharge for firearm purchase.

 

[No2sc2]

If anyone have questions about FOA, you can PM me, I spent many weeks reading asking and finding out the law for FOA since its all messed up.

 

[loadnplenty]

Interesting how you have those papers to show what comes up on background check?

Yeah person who under first offender act, have to have certified copies of termination of probation and discharge from
FOA, to attached with the permit application. NICS is what they use for the permit and firearm check, so they will see everything! But they will see FOA which will state that the person has completed satisfactory.

Oh yeah I forgot, NICS did state 1 year after discharge, you can purchase firearms. I forgot about that part. Yeah, 5 years after discharge for permit application, 1 year after discharge for firearm purchase.

I believe you are on the right track with the completion of FOA, but I think what you are saying is more geared towards misedemeanor crimes. Even completed FOA for FELONY charges will show up on a criminal justice run RAP SHEET. They never go away unless expunged.

And as far as Juvenile records, if you are charged as a juvenile with misdemanor crimes people will never know. If you are charged with a felony as a juvenile your criminal history begins.

When you get arrested and fingerprinted you will be issued a finger print ID number by the state and feds. So if you get arrested as an adult and were charged with a felony as a juvenile, when your criminal history is run those state & fed issued numbers show up, and thats how law enforcement knows you were a delinquent. And if you are charged as adult, while a juvenile it will not go away. Your criminal record will be handled as an adults.

 

[Furiousbeen]

Courts are notorious for mis-interpretting the judges orders. He'll say one thing and they write in something else. Make sure he gets a signed copy of the judges orders.

 

[sparked1]

First, find the lawyer that worked your brother's case and kick him in the nuts for doing such a $hi!!y job.

Second, I had sealed juvenile records as well, and even an arrest as an adult and I had no trouble getting mine. Mine were not expunged. As long as he was a juvenile, there should no issue here. No one can see those records and I even tried once to obtain them to hang up on my wall of shame, and they told me they had moved them to the "basement" and then after a couple of months they said that the records had been destroyed and not available.

 

[Furiousbeen]

I was convicted of Simple Battery(misdemeanor) as a kid. It was mistakingly put in a felony. I never knew it until recently.

I've always been a registerred voter, have bought several firearms thru out the years with no problem.
I go to get my permit and I'm told, "NO", I can't have one because I'm a felon.

BS !!! I'm not a felon !
I had to go thru hell over the last 2 months getting this cleared up. I finally got my certified court papers stating not only am I NOT a felon there are NO records ANY crime was EVER committed. It happened in 1981, those records are so far archived they can't even find them and in possibility have been destroyed.

Don't trust the court to do proper paperwork, they're people and people get lazy and complacent.

 

[Furiousbeen]

Just NOW got a call from the probate court !!!!!!!! Permit is in the mail.

 

[Zastava]

Good 4 you...they really dropped the ball...dam justice system

Just NOW got a call from the probate court !!!!!!!! Permit is in the mail.

 

[VHinch]

There is a lot of bad information here regarding first offender probation. If a person is placed on first offender probation prior to adjudication of guilt, and then successfully completes the first offender probation as prescribed by the court, they are then discharged without adjudication of guilt. This means the offense will still show on a criminal history, but will not show a conviction. The person is not considered to have a conviction, and they have no restriction on civil liberties. The law is actually very clear on this.

O.C.G.A. 42-8-60 details the requirements for first offender probation -

42-8-60. Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge


(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:

(1) Defer further proceeding and place the defendant on probation as provided by law; or

(2) Sentence the defendant to a term of confinement as provided by law.

(b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion.

(c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center.

(d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:

(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;

(2) A sexual offense as such term is defined in Code Section 17-10-6.2;

(3) Sexual exploitation of a minor as defined in Code Section 16-12-100;

(4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or

(5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2.


O.C.G.A. 42-8-62 details discharge from first offender probation. Pay particular attention to the underlined section, which the law says must be entered into the court record.

42-8-62. Discharge of defendant without adjudication of guilt


(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8-63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
"Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62."

Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge.

(b) Should a person be placed under probation or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Corrections, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative, the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration.


Now, the law does provide certain instances where a discharge under first offender probation may still disqualify the individual from employment under certain circumstances. I've not entered that code section here as it's not germane to this discussion, but it's 42-8-63 and 42-8-63.1 for those interested.

So, IF your friend was actually placed on first offender probation, and IF he completed that probation successfully with a discharge without adjudication of guilt, he is not a convicted felon and as such has no restrictions on his civil liberties as it pertains to a Georgia Weapons Carry License.