Legal Question in Criminal Law in Florida

My Rights After Adjudication Withheld

My question would likely be best addressed by someone familiar with both Florida and Alabama criminal law.

In 1980, when I was 20, I was arrested in Pasco County, FL on a grand theft charge. I was sentenced to 4 years probation, which I served, and adjudication was withheld.

I am now 48, live in Alabama and own a small business. I would like to obtain a concealed carry permit, but before I apply I would like to know if I am eligible, or if my prior arrest would preclude me from acquiring the permit.

According to information on the Florida Parole Commission website ( https://fpc.state.fl.us/FAQClemency.htm ) I have not lost my civil rights and must wait three years before purchasing a firearm. Does this have any bearing on my ability to apply for a concealed weapon permit?

I do understand that I cannot have my record expunged, since my case was prosecuted. What about sealing? I have had no further conflict with the law since this time.

If I apply for the permit and am rejected, can I then seek to have my record sealed and simply reapply, or is there some sort of penalty that would keep me from reapplying?


Asked on 2/11/09, 12:11 am

1 Answer from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: My Rights After Adjudication Withheld

Assuming that was your only arrest (ever... even before the grand theft arrest), you may be eligible to have your record sealed. If you received a withhold of adjudication, and completed your probation successfully (without the judge changing your withhold of adjudication to a formal conviction, then that grand theft charge should not prevent you from getting a CCW permit in Florida.

For further information on sealing and expunging records, please check out the specific page on my website at: www.slavinlawfirm.com

Prior to going into private practice, I prosecuted cases in both Pinellas and Pasco counties. I am very familiar with the Pasco County court system and would be more than happy to discuss a potential sealing with you. You can get all of my information off of the website listed above.

Good luck.

Aaron J. Slavin, Esq.

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Answered on 2/11/09, 7:26 am


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