Legal Question in Criminal Law in Mississippi

dismissed case equals third offense

I was arrested for the first time on a simple domestic assualt at my home on 6/5/2003. The officer pressed charges although no one called and there was no sign of a fight. My wife did not prosecute and I was still made to attend anger management and take several drug test. The case was dismissed for non prosecution. I applied for my firearm permit in august of 2004. It took until 12/2004 for me to find out that the reason i was having problems obtaining my permit was because the arrest showed up on a background check as a third conviction of domestic violence.THIS IS THE FIRST AND ONLY TIME I HAVE BEEN ARRESTED FOR ANY TYPE OF DOMESTIC VIOLENCE. I went to speak with the judge at the court an after reviewing my file he assured me the case was dismissed and it was not showing up on my record. But the firearm permit bureau says different. WHAT DO I NEED TO DO TO RESOLVE THIS MATTER.


Asked on 1/17/05, 6:58 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: dismissed case equals third offense

28 CFR Part 25.10 applies for correction of erroneous system information. Obtain from the dealer the following information:

The name and address of the denying agency and the unique transaction number (NTN or STN) associated with the NICS background check.

Then write the FBI, NICS Operations

Center, Criminal Justice Information Services Division, 1000 Custer Hollow Road, Module C-3, Clarksburg, West Virginia 26306-0147.

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Answered on 1/18/05, 9:21 am


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