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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was in a first offender program and I completed it and

Customer Question

I was in a first offender program and I completed it and achieved a lot of more goals in life doing so. I talk to a judge after every thing got resolve and she said my case was closed or sealed. I will be moving out on my own and I wanted to purchase a fire arm for safety or just to feel safe. What must I do to pass a back ground check. Or where do I go to get my record expunged because I'm not a convicted felon.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: Not that I know of.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm not really sure what to let a lawyer know I'm really just lost right now because I know for a fact I'm not a felon and that I even can vote.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 10 months ago.

Hello.

As long as you successfully completed first offender probation, you would not be prohibited from having a firearm. Only individuals with convictions are prohibited from having firearms. At this point, you shouldn't have to do anything to be legally eligible to get a firearm.

Customer: replied 10 months ago.
Well once I tried one time at a location to purchase one for my home. The guys told me for some reason I was denied. The first offender program that I was in had closed down and I lost contact with while I was in school after they sent me. I did two yrs in military program got my HSD and a trade and I payed the 300. They told me I would only have to do one or the other to complete the program I done all of them. I talk to a judge and she said my case should be closed and that the program I was in closed or relocated that's why I lost contact with them. So now I'm thinking maybe their another problem on the court end I guess.
Customer: replied 10 months ago.
I tried doing back ground check on my self even with help from people I know. Some women I met ran a back ground check and say she couldn't found any thing and if I was a felon I wouldn't be able to work at my current work Facility.
Expert:  Hammer O'Justice replied 10 months ago.

Well, you shouldn't have been denied unless you tried to buy it before your case was dismissed. You will need to figure out what happened with your case before you can do anything with it...because depending on what your court file says, there are possibly different things that need to be done. But frankly, if it was dismissed, you should not be having any problem with a gun purchase.

Customer: replied 10 months ago.
Well last time I spoke with a judge I tried a yr or two after so is their a way I can see a judge on behalf of my case
Customer: replied 10 months ago.
Even thought it possibly closed
Expert:  Hammer O'Justice replied 10 months ago.

You have to have an open case for a judge to do anything with it. A judge does not have jurisdiction over a case that is closed. You may want to check with the clerk's office of the court...if your file was not closed and sealed, then the clerk's office should be able to pull it and see what happened with it.

It is also possible that there was an error made when you tried to buy the gun. It sounds like the case was in fact dismissed and sealed and perhaps there was just an error when they did the background check.

Customer: replied 10 months ago.
That's exactly what I was thinking today I had went to a different location to purchase one and try agin and this time I put my information in my self only this time it didn't come back as denied just delayed.
Expert:  Hammer O'Justice replied 10 months ago.

In that case I would wait to see if your check clears after the delay and then if not, go back to the court and start with the clerk's office to see what is going on. Once you know what the status of your case was, we can figure out what you need to do next. But hopefully it is not an issue.

Customer: replied 10 months ago.
Ok thanks a lot and I will check as soon as possible
Expert:  Hammer O'Justice replied 10 months ago.

No problem...I hope it works out!