Weapons, Guns, Firearms Facing 5 years because of error in record, Georgia Indictment

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John648

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I have been indicted in Georgia for possession of a firearm by a convicted felon. They are saying I am a convicted felon as the result of a specific case in Florida from 1990. Adjudication was withheld in this case pending successful completion of probation, which I did. Since the successful completion of my probation, and because adjudication was withheld, I have since been able to legally purchase (in FL) a couple guns after undergoing the required NCIC national background check. During the probation of 4 years I was charged with a Violation of Probation because of a payment not received, it was a postal thing and when I went to court I paid the missing payment and the judge found that (from the court document)

"WHEREAS this court finds that the Probation of the aforesaid should not be modified or revoked.
THEREFORE, the terms of Probation is hereby re-instated.
The aforesaid, shall be released from custody if confined, relieved of all sureties and restored to supervision under the original order of the court."

Florida and the FBI have assured me that I'm not a convicted felon or they would not have allowed me to purchase any firearms. (I recently purchased a gov't 45 collector after filling out the 4473 form, and waiting the required 3 days.). I have also been a registered voter (which I could not do either if I were a convicted felon) for the past 10 years. My attorney in GA. Keeps saying that the GCIC report shows that I was convicted. I was indicted this week, according to my attorney in GA, because the VOP means that I was convicted of the felony. WRONG... I also have the subsequent, final, Petition for and Termination of Probation, which states that I successfully completed the probation, complied with all the requirements of the probation and orders termination of any further proceedings in the matter.

So, Adjudication withheld in original case
VOP
Probation re-instated without conviction, modification or revocation
Successful completion of probation
Nothing else except traffic tickets (2)
Legally purchased several firearms in the last 5 years (most recent was a handgun on march 15 of this year)
FDLE says I'm not a convicted felon
FBI says I'm not a convicted felon
-BUT-
A superior court in GA says I am and wants to put me in prison for 5 years, destroy my life, loose my house, loose my wife and children, loose my business (oh yeah, I'm also Owner and legal officer (pres) of a Registered Florida Business for 6 years, which also requires you not be a convicted felon and is checked every time you file your annual corporate report).

Can anybody please help me?
 
Look for the best

John,
If I understand your statement correctly, that you had a VOP, that was reversed or otherwise dismissed with no further action. And no penalties were incured by you on behalf of this VOP. And also that you are legal to purchase firearms in florida per the FDLE and the FBI. Then I would conclude that you have nothing to worry about. This should be easily cleared if you get all the proper documents in order, from the Court in witch you were charged in Fl, a letter from the FDLE perhaps, and an official recent FBI background check. The Court in GA wich is charging you will probably get these records theirselves direct from the issuing agencies.
I am no lawyer or expert on this matter. But I have researched GA, and Fl gun law extensivly in the past. By the way, when did all this take place?
I hope that I have been of some assistance to you regarding this.
Best wishes,
comu3:angel:yes:
I did not realize this was so long ago, how did it turn out for you John?
 
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