Tuesday, November 11, 2014

Can I buy a Shotgun with a Felony Withhold and a Sealed Record / Background Check / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q;    Can I buy a gun if my felony record is sealed.  In 2010 I plead no-contest to grand theft, I was convicted of the crime, adjudication withheld and now I am in the final part of getting my record sealed. If my record is sealed can i buy a shotgun legally? Thank you for your time.


A:     

Michael Adam Haber

PRO

Contributor Level 20

8

Lawyers agree

1

Answered Attached is a link to a nice synopsis of Florida's gun laws. If you are not a convicted felon I see no barrier to your purchasing a forearm, especially if it is a shotgun or rifle. 


I hope this has been helpful AND URGE YOU TO EXCERSIZE THE UTMOST CAUTION!!!!!! (Caps intentional)

You should note that you will likely have to disclose your felony withhold regardless of sealing, and that even if you don't it will likely pop up on a background check.
I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2014 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny. 
Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle. 
I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)



Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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