SDA Opinion - Felon

[Fatboy Joe]

He was 18 in 1993. He has bought only new guns from some of the most popular stores in the OKC area including chain and local stores. I am not sure what he put on the 4473, I didn't ask.

I did a little more research and left this out orginally. He pled guilty, but the judge gave him a deferred sentence. He met the requirements of the court. So from everything I am ready, he is not considered a felon.

 

[thefenux]

A deferred sentence, once completed satisfactorily, is usually converted to a not guilty. This would mean he's not a felon and can get a CCL since it was over three years ago (a CCL requirement). There is a place on the CCL application where he will need to list it though.

 

[Lithiumokc]

Yeah, i think the rules are "convicted felon", a deferred sentence is not a conviction so I would think hes all good. However, he should list both the Burg and the pot charge or it will get kicked back.

 

[jdgabbard]

It could also be that at the time the crime he committed wasn't a felony. The level of the crime is only good for the time it was commited. In otherwords, if today someone decided to shoot out a bulb on a street light with a bb gun, and next year it becomes a felony to do so. That person cannot be charged with a felony. But rather must be charged with what the law was during the act of the crime.

I'm not familiar with 1993 Law, but I can tell you that sometimes they don't get all the records into the system. It is VERY possible that when he applies for the permit during the OSBI background they find out that he in fact does have a felony. There are THOUSANDS of cases from the 1990s and 1980s where peoples felony records are not "in" the system.

 

[TAPRACKFIRE]

Sounds like your brother is a felon. If the ATF finds out about your brother he could face very serious federal charges. each firearm and each bullet he has in possession could be a new charge.

 

[Glocktogo]

Read this thread, then let us know if you have any additional questions.

http://www.okshooters.com/showthread.php?133258-not-a-felon..but-have-a-felony-arrest..can-i

 

[spd67]

Trust me if he plead guilty...weather he got a deferred sentence or not he is a felon. If he gets caught he is going to jail.

 

[Rooster1971]

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Home -- Bar Journal

Oklahoma Bar Journal
Articles
CRIMINAL LAW

Expunging Criminal Records under Oklahoma Statutes Title 22 §991c & §18 & 19
By Stacy Morey and Dave Stockwell

Oklahoma law provides for two types of expungements. The most common is found in Title 22 O.S. §991c which allows for the expungement of a plea of guilt or no contest after the successful completion of a deferred sentence.
Once all conditions of the defendant's probation have been fully satisfied and the case has been dismissed, the court records may be sealed. The statute requires court clerk's offices to delete the defendant's name from the docket sheet, expunge the public filing of the charge, and keep a separate and confidential index of the case. In most court clerk's offices, the process includes the removal of the defendant's file from the main file area. Additionally, the court information will be redacted from the clerk's computer and also from any public access website such as the Oklahoma Supreme Court Network (OSCN). As a result, when the defendant's name is searched, either at the courthouse or by computer, no information regarding the expunged case will be found. However, if the defendant's case number is searched, some information regarding the case may still be available. In most cases, any information specific to the defendant remains undiscoverable. However, if the defendant paid for fines and/or costs, the defendant's name may appear as the person who made the payment. Obviously, a connection between the individual and the case can then be made. Therefore, if you represent a defendant who receives a deferred sentence, you may want to consider paying for the fines and costs from your trust account, if the defendant has deposited funds with you, or your expense account. Consequently, your name will appear as the payor instead of the defendant, and your client can be spared from enduring unnecessary adverse consequences.

While a §991c expungement may seal an entire court record, it does not produce the same effect with respect to a defendant's criminal history record with the Oklahoma State Bureau of Investigation (OSBI). Because OSBI records contain not only arrests, but also dispositions of those arrests, a §991c expungement will have no effect on a defendant's arrest information. It will however affect the information given to the public regarding the disposition. For example, if a defendant is arrested for Grand Larceny and is subsequently given a three year deferred sentence, a §991c expungement will delete the information regarding the probation. As such, the arrest will still appear on the record, but the disposition is changed from "pled guilty, three year deferred sentence" to "pled not guilty, case dismissed."

 

[sky428]

It looks like what it somes down to is that if the case was dismissed even if it was due to a deffered sentence that he completed the requirements for then he should be OK. If that is the case he is not a convicted felon. If on the other hand he just plen guilty to the felony and was convicted then he is a felon and as such can not own a firearm. Or at least that is the way I understand it. I know if you check the checkbox on the 4473 saying that you are convicted of a felony then the dealer can not proceed with the transaction. If you are a felen and fail to check that checkbox then that is an additional criminal violation.

 

[morganjokc]

The difference is in a deferred sentence and a suspended sentence. The fact that he plead guilty to a felony makes no difference. A suspended sentence means he would be a felon, with a deferred sentence after he has completed the time with no other charges and had it expunged he is not a felon in any way shape or form.