Florida CWP Application question - XDTalk Forums - Your HS2000/SA-XD Information Source!

KI4LIV · 07-12-2006, 04:05 PM

In 1988, I was arrested for aggravated battery (felony). I was 15 at the time.

When the case was brought to court, the charge was reduced to simple battery (misdemeanor), and ultimately I was sent through arbitration and adjudication was withheld.

I was reviewing my Florida CWP Permit Application today, prepping to fill it out and found question 9, which reads:

9) Have you been convicted, found guilty of, or had adjudication withheld in one or more misdemeanor crimes of violence? If yes, see #9 of APPLICATION INSTRUCTIONS.

Here is what #9 of the APPLICATION INSTRUCTIONS reads.

QUESTION 9
Your application will be denied if you have been convicted or found guilty of, had adjudication or guilt withheld for, or had imposition of sentence suspended for, one of more misdemeanor crimes of violence, unless 3 years have elapsed since probation or any other condition set by the court have been fufilled or the record has been sealed or expunged. Crimes of violence constituting a misdemeanor include, but are not limited to, battery, assult, stalking or an attempt or conspiracy to commit any of the foregoing offenses. A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application.

I have gone to the county clerk of court to obtain a copy of the final case outcome so I could submit it and they state that they have no record of the case since it has been more than 10 years.

I contacted the arresting agency but they have no record of the arrest since it has been 10 years.

I contacted the Florida Department of Law Enforcement and spoke to someone regarding my records. Although he could not tell me definitively whether I had a record in their system or not, he referred me to a service on their website that will produce ALL criminal records that relate to an individual, whether it was a juvenile offense or not. Said service costs $23, and the results will be instant if done online (but not certified), or $23 to be done via mail for certified copies.

I paid the $23 to do it online - it produced no results. The $23 might be a money making scheme for the state - that doesn't matter to me, I just want to be sure that I don't screw up the application and lose the application fee.

Does anyone know anything about what records are reviewed?
If the clerk of courts has nothing documented on me, nor the arresting agency, would the state?
Since it was a juvenile offense do I even need to "claim" it on this application?

Nobody seems to be able to give me a good answer! If I need to "Claim" it on the application, how can I submit documentation if nobody has it?

Any advice would be greatly appreciated!

KI4LIV · 07-12-2006, 04:42 PM

I guess the better question would be, what would you do if you were in my shoes?

So Flo · 07-12-2006, 04:53 PM

I would wait to see what comes back on the FDLE report and then go from there.
If nothing shows up, do not claim it.
Have you called the Division of Licensing? They are the ones that issue the permits, possibly someone there can help you understand the specific meaning of item #9...the section that notes "unless 3 years have elapsed...".

Let us know what you find out.
Good luck, we need more armed good guys (even though you had a checkered youth!)

KI4LIV · 07-12-2006, 04:57 PM

I ran the "Instant online report" and it came back clean!

However, yes, I did call them - the person I spoke with didn't sound like the brightest crayon in the box, and did say I should claim it!

I am thinking I should cover all bases by claiming it, and putting a letter in with the application giving the approximate date of the incident, the original charge, the final charge, and the outcome.. At least then they can't say I was hiding something! I will also note where I attempted to obtain the records and that they were not available due to time lapsed since the incident.

I have bought a number of firearms in the last few years that required the instant backround checks without any problems, so I am hopeful that is a good sign.

Quote:

Originally Posted by So Flo

I would wait to see what comes back on the FDLE report and then go from there.
If nothing shows up, do not claim it.
Have you called the Division of Licensing? They are the ones that issue the permits, possibly someone there can help you understand the specific meaning of item #9...the section that notes "unless 3 years have elapsed...".

Let us know what you find out.
Good luck, we need more armed good guys (even though you had a checkered youth!)

So Flo · 07-12-2006, 06:33 PM

Alright, Man! Git-r-done! It sounds like you'll be fine.

I have heard that the florida licenses are coming out in a few weeks with the new electronic finger prints!

KI4LIV · 07-12-2006, 06:36 PM

I did the electronic prints this afternoon - I'm getting mixed signals though as to whether to go the YES w/ letter route, or NO since the FDLE report I ran came up clean!!!

ARGH!!!

Quote:

Originally Posted by So Flo

Alright, Man! Git-r-done! It sounds like you'll be fine.

I have heard that the florida licenses are coming out in a few weeks with the new electronic finger prints!

So Flo · 07-12-2006, 06:46 PM

Well, I'll say that if it were me, I'd go with a NO and then explain your case after the fact if necessary.

I have a friend who had some deal come up from an altercation some 15 years ago and he was able to provide paperwork noting the outcome and they sent him his license a week later.

KI4LIV · 08-04-2006, 01:09 PM

All,

I just wanted to let everyone know what happened with this..

I just called the issuing agency and found out that the license has been approved and will be in the mail sometime next week. My backround check was 100% CLEAN - zilch - nada - null - NOTHING was found regarding my charges - not even with the Florida Department of Law Enforcement!

On the application, I answered YES to the question, and then put in the letter below... Figured I would pre-empt them finding anything with an explanation of it , why I had not enclosed any documentation, and the lengths I had gone to to obtain said documentation.. I hope this helps someone in the future with a similar problem!

Dear Sir or Madam:

This letter is to directly address an issue related to question number 9 on my Application for Concealed Weapon/Firearm License.

In 1997 or 1998, when I was a juvenile, I was arrested and charged with Aggravated Battery. When the case was heard before the judge, the charge was reduced to misdemeanor simple battery. I was then sent to arbitration and adjudication was withheld. This occurred in Brevard County, Florida, and the arresting agency was Cocoa Police Department.

My purpose for writing this letter is that I can not find any documentation of the arrest, the case, case outcome, or completion of the required arbitration process. Per the instructions that were provided with the application, “Your application will be denied if you have been convicted or found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for, one of more misdemeanor crimes of violence, unless 3 years have elapsed since probation or any other condition set by the court have been fulfilled or the record has been sealed or expunged. Crimes of violence constituting a misdemeanor include, but are not limited to, battery, assault, stalking or an attempt or conspiracy to commit any of the foregoing offenses. A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application.”

I have made in-person inquiries with photo identification to the Brevard County Clerk of Courts, the Cocoa Police Department, the Brevard County Public Defender’s Office, and have even run an online FDLE background check on myself with no results. All agencies that I have spoken with have checked their records and found no trace of the incident on record.

At this point I have exhausted all resources available to me as a private citizen and civilian, however, I wanted to be sure that it was noted that I have made every effort to provide you with the required document that I mentioned in bold type above so there would be no question of me potentially not revealing pertinent information.

If you need to contact me regarding this, I will be more than happy to discuss the matter either via telephone or U.S. Mail. My daytime telephone number is (321) xxx-xxxx, and I am available at that number Monday through Friday, 9am to 6pm. Should you reach my voicemail, please leave me a message and I will return your call promptly!

Thank you very much for your consideration in this situation.

Sincerely,

So Flo · 08-04-2006, 05:31 PM

Glad to hear you have your permit coming! Carry safe!

SouthernXD · 08-05-2006, 08:40 AM

In the future if you need to check your records for brevard county you can go here www.allbrevard.com/ and check their public records section. On a side note i am getting ready to apply for my permit and was wondering where you got the electronic prints done and how long did it take to get your permit?

07-12-2006, 04:05 PM	#1
KI4LIV XDTalk 100 Member Join Date: May 2006 Location: Merritt Island, FL Posts: 267	Florida CWP Application question In 1988, I was arrested for aggravated battery (felony). I was 15 at the time. When the case was brought to court, the charge was reduced to simple battery (misdemeanor), and ultimately I was sent through arbitration and adjudication was withheld. I was reviewing my Florida CWP Permit Application today, prepping to fill it out and found question 9, which reads: 9) Have you been convicted, found guilty of, or had adjudication withheld in one or more misdemeanor crimes of violence? If yes, see #9 of APPLICATION INSTRUCTIONS. Here is what #9 of the APPLICATION INSTRUCTIONS reads. QUESTION 9 Your application will be denied if you have been convicted or found guilty of, had adjudication or guilt withheld for, or had imposition of sentence suspended for, one of more misdemeanor crimes of violence, unless 3 years have elapsed since probation or any other condition set by the court have been fufilled or the record has been sealed or expunged. Crimes of violence constituting a misdemeanor include, but are not limited to, battery, assult, stalking or an attempt or conspiracy to commit any of the foregoing offenses. A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application. I have gone to the county clerk of court to obtain a copy of the final case outcome so I could submit it and they state that they have no record of the case since it has been more than 10 years. I contacted the arresting agency but they have no record of the arrest since it has been 10 years. I contacted the Florida Department of Law Enforcement and spoke to someone regarding my records. Although he could not tell me definitively whether I had a record in their system or not, he referred me to a service on their website that will produce ALL criminal records that relate to an individual, whether it was a juvenile offense or not. Said service costs $23, and the results will be instant if done online (but not certified), or $23 to be done via mail for certified copies. I paid the $23 to do it online - it produced no results. The $23 might be a money making scheme for the state - that doesn't matter to me, I just want to be sure that I don't screw up the application and lose the application fee. Does anyone know anything about what records are reviewed? If the clerk of courts has nothing documented on me, nor the arresting agency, would the state? Since it was a juvenile offense do I even need to "claim" it on this application? Nobody seems to be able to give me a good answer! If I need to "Claim" it on the application, how can I submit documentation if nobody has it? Any advice would be greatly appreciated! __________________ -- Light is faster than sound... Perhaps that explains why some people appear to be intelligent - until we hear them speak!

07-12-2006, 04:42 PM	#2
KI4LIV XDTalk 100 Member Join Date: May 2006 Location: Merritt Island, FL Posts: 267	I guess the better question would be, what would you do if you were in my shoes? __________________ -- Light is faster than sound... Perhaps that explains why some people appear to be intelligent - until we hear them speak!

07-12-2006, 04:53 PM	#3
So Flo XDTalk 10K Member Join Date: Nov 2001 Location: Wellington, Florida Posts: 12,236	I would wait to see what comes back on the FDLE report and then go from there. If nothing shows up, do not claim it. Have you called the Division of Licensing? They are the ones that issue the permits, possibly someone there can help you understand the specific meaning of item #9...the section that notes "unless 3 years have elapsed...". Let us know what you find out. Good luck, we need more armed good guys (even though you had a checkered youth!) __________________ No Guns, Know Crime. Know Guns, No Crime! http://militarysignatures.com/signatures/member3984.png

07-12-2006, 06:33 PM	#5
So Flo XDTalk 10K Member Join Date: Nov 2001 Location: Wellington, Florida Posts: 12,236	Alright, Man! Git-r-done! It sounds like you'll be fine. I have heard that the florida licenses are coming out in a few weeks with the new electronic finger prints! __________________ No Guns, Know Crime. Know Guns, No Crime! http://militarysignatures.com/signatures/member3984.png

07-12-2006, 06:46 PM	#7
So Flo XDTalk 10K Member Join Date: Nov 2001 Location: Wellington, Florida Posts: 12,236	Well, I'll say that if it were me, I'd go with a NO and then explain your case after the fact if necessary. I have a friend who had some deal come up from an altercation some 15 years ago and he was able to provide paperwork noting the outcome and they sent him his license a week later. __________________ No Guns, Know Crime. Know Guns, No Crime! http://militarysignatures.com/signatures/member3984.png

08-04-2006, 01:09 PM	#8
KI4LIV XDTalk 100 Member Join Date: May 2006 Location: Merritt Island, FL Posts: 267	The Verdict All, I just wanted to let everyone know what happened with this.. I just called the issuing agency and found out that the license has been approved and will be in the mail sometime next week. My backround check was 100% CLEAN - zilch - nada - null - NOTHING was found regarding my charges - not even with the Florida Department of Law Enforcement! On the application, I answered YES to the question, and then put in the letter below... Figured I would pre-empt them finding anything with an explanation of it , why I had not enclosed any documentation, and the lengths I had gone to to obtain said documentation.. I hope this helps someone in the future with a similar problem! Dear Sir or Madam: This letter is to directly address an issue related to question number 9 on my Application for Concealed Weapon/Firearm License. In 1997 or 1998, when I was a juvenile, I was arrested and charged with Aggravated Battery. When the case was heard before the judge, the charge was reduced to misdemeanor simple battery. I was then sent to arbitration and adjudication was withheld. This occurred in Brevard County, Florida, and the arresting agency was Cocoa Police Department. My purpose for writing this letter is that I can not find any documentation of the arrest, the case, case outcome, or completion of the required arbitration process. Per the instructions that were provided with the application, “Your application will be denied if you have been convicted or found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for, one of more misdemeanor crimes of violence, unless 3 years have elapsed since probation or any other condition set by the court have been fulfilled or the record has been sealed or expunged. Crimes of violence constituting a misdemeanor include, but are not limited to, battery, assault, stalking or an attempt or conspiracy to commit any of the foregoing offenses. A copy of the document issued by the court or probation office evidencing completion of probation or other conditions must be submitted with your application.” I have made in-person inquiries with photo identification to the Brevard County Clerk of Courts, the Cocoa Police Department, the Brevard County Public Defender’s Office, and have even run an online FDLE background check on myself with no results. All agencies that I have spoken with have checked their records and found no trace of the incident on record. At this point I have exhausted all resources available to me as a private citizen and civilian, however, I wanted to be sure that it was noted that I have made every effort to provide you with the required document that I mentioned in bold type above so there would be no question of me potentially not revealing pertinent information. If you need to contact me regarding this, I will be more than happy to discuss the matter either via telephone or U.S. Mail. My daytime telephone number is (321) xxx-xxxx, and I am available at that number Monday through Friday, 9am to 6pm. Should you reach my voicemail, please leave me a message and I will return your call promptly! Thank you very much for your consideration in this situation. Sincerely, __________________ -- Light is faster than sound... Perhaps that explains why some people appear to be intelligent - until we hear them speak!

08-04-2006, 05:31 PM	#9
So Flo XDTalk 10K Member Join Date: Nov 2001 Location: Wellington, Florida Posts: 12,236	Glad to hear you have your permit coming! Carry safe! __________________ No Guns, Know Crime. Know Guns, No Crime! http://militarysignatures.com/signatures/member3984.png

08-05-2006, 08:40 AM	#10
SouthernXD XDTalk 100 Member Join Date: Oct 2005 Location: Rockledge Florida Posts: 101	In the future if you need to check your records for brevard county you can go here www.allbrevard.com/ and check their public records section. On a side note i am getting ready to apply for my permit and was wondering where you got the electronic prints done and how long did it take to get your permit? __________________ Happiness is a belt fed weapon

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