Concealed Weapon License with old marijuana possession conviction?

[ignerntbend]

All have sinned and fallen short of the glory of God.
Consider my friend Bobby M. busted for a marijahoony seed in his floor board.
Went to the Air Force rather than prison in 1975.
Never graduated with the rest of us.
He's probably a general now.

 

[sixseven]

I'm kind of confused about what a 'conviction' even is.

A good friend of my mine and my family,an old roomate and the bass player in one of my old bands, was pulled over for speeding after leaving the bar after one of our gigs many years ago. He had had a few beers at the bar while we were working but he wasnt drunk,at least not enough for a DUI according to the officer. Still,he was arrested for public intoxication as well as possession of a small amount of marijuana(the cop didnt even find it,he told the cop he had it in his pocket) and a few other minor charges- speeding,etc. He was taken to the county jail where he was booked,jailed, and then spent a 6 hour sober up period in the drunk tank. He called us and we had to go take him the cash to pay for his tickets before they would let him out- several city tickets, misdemeanors I suppose,adding up to a few hundred dollars. No bond. He did not even have to go to court afterwards or anything. He just paid the tickets at the jail and that was it. Was that considered a 'conviction'? Even though he didnt have to go to court? And would that minor pot charge preclude him from obtaining a permit? I know for a fact that he hasnt been in any other trouble since. And it has to have been clear back in the early 90s.

I guess I dont really understand what a conviction means. I have only been to jail and to court once in my entire life back in California and it was for something small and stupid that I did one night when in college 20 years ago. Me and a girl I had met at a party earlier in the evening were having sex in the back seat of my car,at 4am,in a cemetary. She was 18 and I was 21 and I had provided her with beer. I was arrested,booked,spent a few hours in jail,and then got bonded out the next morning. The charge was for contributing to the delinquency of a minor. I was given a date to come back to court. When I came back it was to a little small court room. I took a lawyer with me,plead guilty when asked how I wanted to plead, and based upon the assistant DAs recommendation in front of the judge, I was given a fine and 20 hours of community service. I dont remember anything said about me being 'convicted'. I dont even remember what they called it either when my lawyer went back to the court for me after I completed the CS and paid the fine. It was a long time ago. I know that its not on my record now is all I know,even though there is probably still a record of the arrest there in that court house I would imagine. I also have never been in any other trouble,besides traffic citations, since.

When I get a traffic ticket for something like speeding or no seat belt on(my usual tickets) ,and then I pay it instead of fighting it, is that considered a conviction?

I'm confused.

If you plead 'guilty' its definitely looked at as a conviction. When you mail in speeding tickets I believe you are pleading 'no contest'. You aren't admitting guilt and you aren't saying you didn't do it either. I don't believe they use the term 'conviction' for traffic fines though...

In either case, you can bet they are ALL on your record, one way or the other. It's all about how the questions are worded. If it says, have you ever been 'arrested', thats an easy one. The outcome is irrelevant. If it says, 'convicted' and you're not sure, you can go downtown and request a copy of your criminal record (for a small fee) and see for yourself if the items in question aren't on OSCN.net.

 

[nofearfactor]

see for yourself if the items in question aren't on OSCN.net

Ive checked out OSCNs site and theres nothing in his name. My trouble was in California.

 

[TerryMiller]

First the disclaimer:

I am not an attorney, nor did I play one in movies or TV, nor did I stay in one of those "overpriced" hotels.

Pleading guilty in court does NOT necessarily mean one gets a conviction. Should one go to court and receive a "Deferred" sentence, then proceed through that deferred sentence period, and then go back to court to get the "Deferred" sentence expunged, it is NOT a conviction.

Should one be sentenced to jail or prison, or jail or prison time "suspended", then it is a conviction. Even if one only pays a fine, community service, bond forfeited, etc. then it is a conviction.

If one is arrested and fingerprinted, there is a record. Should one go to court, get a deferred sentence and then get it expunged at the end of the deferred sentence period, the criminal record will still show the arrest as a part of one's record.

Hope that helps.

 

[ssgrock3]

it automatically precludes you from getting the oklahoma permit. It is pretty clear in the book. Says something like ANY drug or drug related offense. I know first hand. Had same charge never gave it a thought, TIll I got the letter saying No can do from the osbi. Got an expungement 10 years later and now have a ccw. Depening on what his record looks like, he could probably get that and anything else expunged. I did to the tune of near $3600 bucks, but money well spent to remove youthful transgressions.

 

[cbolt01]

it automatically precludes you from getting the oklahoma permit. It is pretty clear in the book. Says something like ANY drug or drug related offense. I know first hand. Had same charge never gave it a thought, TIll I got the letter saying No can do from the osbi. Got an expungement 10 years later and now have a ccw. Depening on what his record looks like, he could probably get that and anything else expunged. I did to the tune of near $3600 bucks, but money well spent to remove youthful transgressions.

Just wondering, After your expungement did you disclose the arrest on your ccw application.

 

[gillman7]

Does it need to be expunged? It's a misdemeanor possession offense (if in fact it's anything at all, which looking at the record it appears not to be.)

He hasn't applied. He called the OSBI and they said he would be denied if he applied. But isn't there MO just to always negative about people trying to get their license?

It's not all arrest records but he's only had one incident ever with the law and it shows up there. That record shows that the possession charges were dismissed and he was only "convicted" (plead guilty) to having an open container.
Bryan

As said elsewhere on this thread, arrest does not mean conviction. If he has any type of drug conviction, it will stop him from getting his CCL until he gets it cleared up. If he recieved a deferred sentence, completed his time, when he reappears, it will show a not guilty verdict on the charge, and he is fine. If OCSN shows no conviction, he will be fine, just list the arrest, and on the final status of it, show not guilty. The arrest record will show, as well as the dispensation of it.

 

[ssgrock3]

Just wondering, After your expungement did you disclose the arrest on your ccw application.

yes, and included the official order of expungement with it.

 

[doctorjj]

yes, and included the official order of expungement with it.

That's probably the issue though, you didn't include it the first time.