I am applying for Florida permit and have an "expunged" record. It is my understanding that unless I am in court for the same offense I am no longer legally required to reveal this offense. These records are sealed and no longer open to anyone. i have recieved my civil rights and my 2nd ammendment rights back by order of a Judge. I currently hold a permit to carry in my home state of Minnesota. Here's the ? When the application "for Florida" asks if I have ever been convicted of a felony do I answer yes or no. Either way I cannot provide any certified court documents as these have been sealed, even from myself . What to do? Does anyone else out there have any insights or experience along these lines? Much appreciated in advance.
More than likely, if your record was expunged, it's because whatever felony you may have been charged with was a "withheld adjudication," rather than an "adjudicated offense" (at least in Florida this is usually the case); this means that, more than likely, your plea or "sentence" was a sentence with no finding of guilt. While even a withheld adjudication will give you a little bit of trouble in this state (see infra, my copy/paste from FLDOA), it should not (after the requisite time has passed, and per se) prevent you from owning a firearm.
If it was withheld, you answer NO to that question and move on.
I'm telling you this with a Florida law mindset, so if you were expunged elsewhere you may well have been adjudicated and may very well be ineligible under our laws.
What I would not advise is that you lie on the form. If I knew how to work this iPad well enough, I'd make that statement in red or in bold. If you were adjudicated, you wer convicted and you should talk to a lawyer about your case.
You are not eligible for licensure if you have had adjudication of guilt withheld on any felony and three years have not elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged. Below is the copy/paste from FLDOA regarding withheld adjudications.
However, if three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged, you may be eligible for licensure.
