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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I have a question about getting a handgun permit. I convicted

Resolved Question:

I have a question about getting a handgun permit. I convicted a charge of Branddishing Firearm on August 05 and that case was dismissed but I just want to know that after dismissing the case do may I able to get a firearm permit or not and I check my records from State Police and they don't have any records but FBI have the records and they have my records becasue of my fingerprints. I have a application of Concealed Handgun Permit but in that application I confused in 3 questions and they are 1. Have you ever been convicted of a felony offense 2. Have you convicted of a misdemeanor offense within the five-year period immediately or 3. Complete Fingerprint cards may be required with this application for submission to the central criminal records exchange and to the FBI for criminal history background check to be conducted. and they are showing this also that if you convicted a crime than fill it that when you convicted and why you convicted.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.
The first few sentences of your posting are a bit confusing, you indicate that you were "convicted" of the charge but then state that the "case was dismissed." Clearly, only ONE of these statements can be correct. Based on the totality of your statements, I'm assuming it is correct that the charges were dismissed. If this is inaccurate, please let me know.

Assuming the charges were dismissed, you were "convicted" of NOTHING! Meaning, you were NOT convicted of a crime, you were NOT convicted of a felony and you were NOT convicted of a misdemeanor.

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Customer: replied 7 years ago.
I didn't convicted I was arrested and after that my case started and the case was brandishing firearm and after that they said that to dimissed your case we give you 12 months probation and if within 12 months you didn't do any crime than we can dismissed your case and than after 1 year my case was dismissed and I give some more words which showing in the warrant.

In the warrant I see that plea of Accused is nolo contendere and was tried and found by me, facts sufficient to find guilt but defer adjudication/disposition and place was accused on probation subsection 4.1-305, 18.2-57.3, 18.2-251 or 19.2-303.2. Costs imposed upon defendent.

So is it ok that I didn't convicted a crime.
Expert:  Joseph replied 7 years ago.
That's what I thought the situatin was....and yes, you are correct!

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