Legal Question in Criminal Law in Florida

I was arrested in 2005 for 6 felony counts of Burglary (basically, I broke into 6 cars in one night, ended up getting some text books, cds, a watch, nothing much) So I went to court, blah blah blah, and ended up getting sentenced to 8 months in county jail. My felony counts were all withheld adjudication. I did my 8 months in jail and I did 8 months of unsupervised probation when I got out and have since received my bachelors degree and am set to start working on my Master's in the fall. Ive kept my head up and have not gotten in any trouble whatsoever, been able to keep steady jobs all through college and am currently working for Minor League Baseball and the NFL. My question is this, am I still able to purchase a handgun and obtain the proper permits to keep this weapon legal in my possession? I ask this because as far as my rights go, I was able to vote in the 2008 presidential election, and am currently registered to vote. Also, would I be able to take a concealed weapons class? The reason I ask is because, though Ive stayed out of trouble and have a good job, I still get a lot of grief from apartment complexes because of my record (though when I took the 8 month plea bargain, I was told time and time again, no one would be able to see this on my record in the future, go figure) therefore I am forced to live in shady parts of town. My next door neighbor's apartment recently had a home invasion, so I just want to keep myself and my girlfriend safe. Before I was arrested I was Military Police in the Air Force, so I have more than standard training with weapons. Thank you.


Asked on 7/27/10, 8:10 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me start off by saying that is highly unusual and even under the rules, illegal, for a person to get even one day in jail and not be adjudicated guilty. However, I do know that sometimes cases like yours slip through as withholds and assuming your case is the exception, and this is the only charge you've ever gotten and this was a withhold of adjudication, then you have not been considered a convicted felon under Florida law. Under Florida law, you have the right to possess a firearm in that unique circumstance. They were correct when they said a "conviction" will not appear on your record as you have not been convicted. However, it will still show up in background checks, for example, until you decide to get the charge sealed which I strongly suggest.

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Answered on 8/02/10, 7:26 am


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