First Offender GWL

[ibanez64]

I have a first offender plea on my record, can I get a carry permit?

 

[bearpugh]

whats the offense?

 

[ibanez64]

atttemptive burglary

 

[bearpugh]

if its considered a conviction it might be an issue.

 

[ibanez64]

i was drinking a beer behind a bar and a friend broke a window....

 

[ibanez64]

i completed all the terms, i had probation and completed it about 3 years ago

 

[jsquared]

I tried looking into it, but it appears as though 16-11-129 (the GWL do's and dont's) conflicts with the basis of the first offender program. It states that:

(B) "Convicted" means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief.

However, in 42-8-60, Probation prior to adjudication of guilt, it states that the first offender program comes into play:

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt,

So, to take part in the first offender program, you must have been found or have plead guilty, which would then bar you from a GFL according to this:

(B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation;

Unless completing the first offender program qualifies as a full-on pardon from the State board of Pardons and Paroles. Not sure if it does or not, considering it is not considered a pardon or a parole as far as I know, but I am not really familiar with the program.

16-11-129 spells it out specifically for drug offenders, though, which usually have a life-time bar from concealed carry regardless of parole status or pardon (sections F and I of paragraph 2 deal with drug offenses).

(3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies.

So, seeing as how they get a by once they have completed first offender parole, I dont see why a person in the program for a non-drug charge would not. But I am not a lawyer, so you should definitely look into it yourself or ask the probate court.

 

[bearpugh]

i was drinking a beer behind a bar and a friend broke a window....

then why were you convicted.

 

[jsquared]

Probably because cops can and will arrest you and book you with whatever they want, either just for kicks or in the hope that you will get stuck with a charge in court regardless of what actually happened.

Not to mention the fact that a public defender is probably going to try their hardest to persuade you to take a guilty plea if they can guarantee first offender status, arguing that it would be better than pleading innocent and being found guilty, then having a felony on your record forever. Its a lot easier for them.

Again, even though you didnt do anything, **** happens.

 

[streetroc]

It might not be an issue. I was caught drinking underage when I was 19 and got arrested for it. Pled guilty, did some community service and probation and that was the end of it. I had no problem getting a carry permit.

Not to mention the fact that a public defender is probably going to try their hardest to persuade you to take a guilty plea if they can guarantee first offender status, arguing that it would be better than pleading innocent and being found guilty, then having a felony on your record forever. Its a lot easier for them.

Not necessarily. I was once charged with possesion of marijuana (in the same night as the drinking charge, that was a bad night!) and I got a court appointed attorney. He fought hard for me and put a lot of time and effort into my case. Wound up getting the pot charge dismissed (which is good because it really wasnt mine). I never would have been able to have that taken off of my record without his help and I probably wouldnt have a carry permit today either. Public defenders are not all bad!