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HIi was trying to purchase a gun. I was arrested the chardge…

HIi was trying to...

HIi was trying to purchase a gun . I was arrested the chardge was a felony but i have an disposition of with held adudication- probation special conditions. my background check came back as not approved

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

I have completed probation

Lawyer's Assistant: In what state did this occur?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Seq No. Charge Charge Type Disposition
1 CHILD NEGLECT/GRT HR FELONY WH ADJ-PROB SP COND
2 CHILD ABUSE/NO HARM FELONY WH ADJ-PROB SP COND

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Answered in 1 minute by:
3/20/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,017
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 1 month ago
okay thank you
Customer reply replied 1 month ago
i sent a pic did you recieve it

Unfortunately, although the state doesn't consider this a conviction, the Federal government is looking at this quite differently, because you do have to take a plea to get a deferred adjudication. Since Florida did not deprive you of your gun rights, the Federal government should honor that. But they didn't.

The only thing you can do, therefore is to appeal the denial with the FBI. The form and the instructions are online. You can get more details here.

https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals

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Customer reply replied 1 month ago
what does WH ADJ-PROB SP COND mean? and after i send in the appeal will i still be denied?

Adjudication withheld- probation special conditions. A withheld adjudication means that no conviction was filed with the court.

You don't have a conviction, so you should not be denied your gun rights.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,017
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month ago
omg thank you. I have to go. where do i pay you

You'll need official documentation of the fact that this was an adjudication withheld. The clerk can tell you where you get that.

Good luck!

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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,017
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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