Question about background

Question about background

This is a discussion on Question about background within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Oklahoma and in 2004/2005 I was arrested for burglary 2(extremely stupid decision). I ended up doing 5 years probation, paid fines, and ...

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  1. #1
    New Member Array Mrrush's Avatar
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    Question about background

    I live in Oklahoma and in 2004/2005 I was arrested for burglary 2(extremely stupid decision).
    I ended up doing 5 years probation, paid fines, and community service. I received a deferred sentence.
    The case/charges has since been disposed.

    Now my question : now that it has been around 10 years since, and I have grown up and haven't been into any trouble since. Would I have any problems buying a handgun and getting my license to carry?
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  2. #2
    Member Array sobe911's Avatar
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    Were you convicted of burglary 2?

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    New Member Array Mrrush's Avatar
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    Its says deferred. The other person that was with me, his says conviction

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    Member Array sobe911's Avatar
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    Quote Originally Posted by Mrrush View Post
    Its says deferred. The other person that was with me, his says conviction
    I am NOT a lawyer, but here are my thoughts.
    Contact your laywer.

    Deferred sentences mean that the judge doesn't formally convict you provided you meet certain obligations (such as those you listed).
    I'm guessing the person you were with had priors, so the judge wasn't as kind to him.

    Either you're good to go, or you need to talk to your lawyer and look at having it expunged.

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    New Member Array Mrrush's Avatar
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    Yes the guy I was with had alot of priors. It was my first time being in trouble.

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    Member Array sobe911's Avatar
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    Quote Originally Posted by Mrrush View Post
    Yes the guy I was with had alot of priors. It was my first time being in trouble.
    Again, talk to your lawyer. It's very likely not on your record at all. Or wait for someone smarter than me to come along and confirm what I'm saying.
    BenGoodLuck and WrongRecroom like this.

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    New Member Array Mrrush's Avatar
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    Ok thanks

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    A deferred prosecution basically means that if you follow the terms of the deal, it'll never be on your record as a conviction. A background check will show the arrest, but will show the disposition as "dismissed."

    Still talk to your lawyer
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

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    You've already gotten the best advise. Contact a lawyer.

    BTW, welcome to the forum.
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    Distinguished Member Array Black Knight's Avatar
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    My advice would be to find a competent attorney. Just because they passed the bar exam doesn't mean they are competent in the field. Having worked entrance security at a federal courthouse I can definately say not all lawyers should be lawyers.
    BenGoodLuck and GWarden like this.

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    VIP Member Array BenGoodLuck's Avatar
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    Hi Mrrush! Welcome to the forum from Texas. This is a great place to learn and to share! Getting advice on the forum regarding criminal charges is not the best way to get information. You should contact an attorney and get professional advice.

    CANT
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    Ben

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  12. #12
    Distinguished Member Array RightsEroding's Avatar
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    Regardless; you are looking at spending a fair piece of change due to something that happened a long time ago. Amazing how that works; eh?

    I would personally make the application and see what happens before you start dropping hundreds if not thousands for legal advice.
    If you are denied; you now have the option of appeal.

    It's very likely not on your record at all.
    You will be very surprised what (they) will find.

    I suggest before you make application, you get a copy of your arrest/conviction record so as NOT to lie on your app.

    I can not speak to your state's app process, but here in my state, one of the questions reads

    "Have you ever been convicted of any felony violation that has not been expunged by a court? Including DUI?"

    The term (deferred) will probably wind up being a definition argued before a appeals board to get your permit.

    Good luck
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

    Do what you can; then do what you must

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    Member Array DonPablo_VA's Avatar
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    Quote Originally Posted by Black Knight View Post
    My advice would be to find a competent attorney. Just because they passed the bar exam doesn't mean they are competent in the field. Having worked entrance security at a federal courthouse I can definately say not all lawyers should be lawyers.
    LoL, yep everyday somebody is out in the world depending on a guy who took 5 tries to pass the state bar exam.

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    Member Array Stickshaker's Avatar
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    Am I the only one who thinks the lawyer should be your last ditch effort? Try getting it and see what happens first. Unless you like feeding sharks...

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    Distinguished Member Array Dan060's Avatar
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    A legal problem like yours,i wouldn't be asking random people on the internet.As a couple of others have stated ask someone who should know,that being an attorney,or someone in the legal field.Good luck.

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