28 Years Since Misdeamenor

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Skiluvr03

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Hello, first let me say hello to everyone since this is my first post. I was wondering if since it has been 28 years since I had a Possession of Maurijuana Charge when i was 18, and I haven't had so much as a speeding ticket since then, will this keep me from getting a CCW? Is yes, then will getting it expunged help? Texas has a 10 year limit on misdeamors and I'm hoping that Oklahoma does too. I have already taking my CCW Classes and all I have to do is send the paperwork off. Thanks in Advance, Ski
 

owassopilot

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Hello, first let me say hello to everyone since this is my first post. I was wondering if since it has been 28 years since I had a Possession of Maurijuana Charge when i was 18, and I haven't had so much as a speeding ticket since then, will this keep me from getting a CCW? Is yes, then will getting it expunged help? Texas has a 10 year limit on misdeamors and I'm hoping that Oklahoma does too. I have already taking my CCW Classes and all I have to do is send the paperwork off. Thanks in Advance, Ski

From the current SDA Law found here:

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2010.pdf

"MANDATORY PRECLUSIONS (These are permanent)

5. Conviction of any one of the following misdemeanor offenses in this state or in any other state:
a. any assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction,
b. any aggravated assault and battery,
c. any stalking pursuant to Section 1173 of this title, or a similar law of another state,
d. a violation relating to the Protection from Domestic Abuse Act, Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any violation of a victim protection order of another state,
e. any conviction relating to illegal drug use or possession; or
f. an act of domestic abuse as defined by Section 644 of this title or an act of domestic assault and battery or any comparable acts under the laws of another state;"


I believe there is a bill before the Oklahoma legislature now that might change that to a temporary preclusion for 10 years from end of sentence. You probably need to look into getting it expunged, and you need to have it done BEFORE you apply. They will deny you and keep your money. You might also check to make sure it was an actual conviction, meaning you either plead guilty, or were found guilty. If you were just charged/arrested, but nothing more came out of it and the charges were dismissed, then you should be fine. Make sure to put that on your application, though.

If you have problems getting an Oklahoma license, you can look into a non-resident license Oklahoma honors from another state. There are several, but I'm not the right person to respond to which one is best as I haven't really looked into it.
 

thebrez1

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Hello, first let me say hello to everyone since this is my first post. I was wondering if since it has been 28 years since I had a Possession of Maurijuana Charge when i was 18, and I haven't had so much as a speeding ticket since then, will this keep me from getting a CCW? Is yes, then will getting it expunged help? Texas has a 10 year limit on misdeamors and I'm hoping that Oklahoma does too. I have already taking my CCW Classes and all I have to do is send the paperwork off. Thanks in Advance, Ski

In Oklahoma, yes. You would qualify for a Fla. non-residence though and that would allow you to carry in OK. I have a bill in the House (OK) right now that would do away with that preclusion. HB1913. Anything older than 10 years would not prevent you from getting a CCP anymore. Call your representative and e-mail all the representatives to let them know you would appreciate their support.
 

Skiluvr03

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Thanks for the timely answers. I will go to the Police Station tomorrow and see how they have it listed on their records. I will also contact my Reps on that House Bill! It's really unbelievable that I've been a good, hard-working family man all these years and have that childhood mistake come back to "bite me". It looks like they are more lenient on much harsher infractions.
 

skyydiver

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The penalty for carrying without a license is also pretty lenient now, I believe. Of course you heard that on the interwebz, but you might look into it. Just as an academic exercise.
 

Skiluvr03

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An update: I got a copy of my records and it said it was deferred, I don't know if that makes a difference or not??? I sent an email to OSBI and asked them, I don't know how good they are at responding, but I will let you all know what their answer is, if I get it.
 

ssgrock3

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yes it does keep you from an oklahoma permit. However, if it was defered then it show be able to be removed pretty easily. Expungement is your friend. Goes away completely being this old. Good luck.
 

Foghorn

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Diferred means you were never actually convicted. You should have no trouble getting your license. Expungement in Oklahoma can be difficult, you'll need to get a lawyer and file the paperwork, but if I remember correctly you can't get one if your plead guilty. Call OSBI and talk to them, quicker than an email....

Fog
 

owassopilot

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An update: I got a copy of my records and it said it was deferred, I don't know if that makes a difference or not??? I sent an email to OSBI and asked them, I don't know how good they are at responding, but I will let you all know what their answer is, if I get it.

Doesn't sound like an actual conviction to me. However, typically, if a sentence is deferred, they change it to dismissed after you served whatever conditions they put on that. I guess it just depends on the judge. My guess is that you should be fine, but probably not bad to wait for OSBI to respond.
 

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