How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26765
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I have a simple assault charge (adjudicated felony) on my record

Customer Question

I have a simple assault charge (adjudicated felony) on my record from when I was 16 years old, I was never told any of my rights have been taken from me. I am 19 now and want a firearm for home defense, can I legally posses a firearm? If not, I was told this charge will be removed from my record at 24, will my right to own a firearm be restored at this time? Located in Florida
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer. If you have a Florida felony for which you were convicted or which you received a deferred adjudication in juvenile court, you will be able to possess a firearm when the matter is removed from your record at 24. See subsection (1)(b) of the following statue.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.23.html
If, on the other hand, your felony was transferred to adult court and handled there, you have lost your state and Federal gun rights and would need all of your civil rights restored, including your gun rights, before Florida would allow you to own a weapon. The only way you could get all of your rights back in your state would be by a pardon from the governor. With that, you'd get your Federal rights back as well.
Customer: replied 2 years ago.
That statute states terms in which it would be unlawful to posses a firearm, but where does it state that someone in my situation will have their rights restored at 24? I was told this by someone that handles all juvenile charges at the courthouse but they weren't sure at first. Is there a document that confirms this?
Expert:  Zoey_ JD replied 2 years ago.
Your juvenile disposition is not considered a criminal conviction and would be automatically expunged when you turn 24. Read the attached PDF
Customer: replied 2 years ago.
In section 14 of that document it says that a domestic violence charge is not eligible to be expunged. Am I interpreting that correctly?
Expert:  Zoey_ JD replied 2 years ago.
Sorry for the delay.
That is correct. I did not realize that your offense was a domestic offense.
If your crime fits the definition of a domestic offense under the definition of a crime of domestic violence under 741.28 (see link below), it would not be expunged.
http://www.flsenate.gov/Laws/Statutes/2011/741.28
Customer: replied 2 years ago.
Alright thanks for your help.
So, what are my options? Im worried I won't be able to get a decent job..could I have it expunged myself via a lawyer? Or is it on record for life?
Expert:  Zoey_ JD replied 2 years ago.
It's still not a conviction. It's a juvenile adjudication. But as a domestic offense, even with a lawyer, it would still not be something that could be sealed or expunged in Florida, so yes, it would remain on your record.