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Thread: Reapplying for permit that was revoked

  1. #1
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    Ok heres my story..I hope i can get your opinions..

    In February of 2007 I caught my ex wife cheating on me..I confronted her and as I was walking away i knocked the mirror off her car..I was arrested for breach of peace and disorderly conduct..When I went to court the next morning I find out there was a court ordered protective order..

    After paying to have the mirror fixed the charges and protective order were dropped..I got a letter in the mail telling me my permit was revoked..

    I called the city and state and the both told me that they arent sure if there will be an issue and to try and reapply to find out..I was hoping someone may have so experience with this and might be able to give me some insight

  2. #2
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    When you mean dropped do you mean dismissed or nolled? If the charges were nolled how long has it been? Did this occur in Connecticut?

  3. #3
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    The charges were dismissed..I never actually faced a judge on the charges.. The condition was the repair of the mirror I broke..The protective order is what cost me the permit..That was dropped also..This happened in CT in February of 2007

  4. #4
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    I am not a lawyer:

    Since the charges were dismissed and assuming you have no other arrests in your past you can truthfully answer the question "Have you ever been arrested?" with no. Since the case was dismissed you fall under CGS sec. 54-142a. Your records from the arrest have been erased and you can swear under oath that you have never been arrested. Since the records are erased they can not be disclosed to anyone but yourself and assuming you have no other prior arrests than the issuing authority would have to find you to be a suitable person and issue you a permit.

    Sec. 54-142a. (Formerly Sec. 54-90). Erasure of criminal records. (a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.



    (e) The clerk of the court or any person charged with retention and control of such records in the records center of the Judicial Department or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk or such person shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain. No fee shall be charged in any court with respect to any petition under this section. Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

    (f) Upon motion properly brought, the court or a judge thereof, if such court is not in session, may order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

    (g) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed unless and until all counts are entitled to erasure in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c.



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