Assault & Battery Educated, informed opinion and advice sought...

[heavyduty]

In 1993 I was arrested and charged with 1 misdemeanor and 8 felonies ranging from 'disorderly conduct' to 'aggravated battery on a Police Officer(s)'. Their version and my version differ obviously and to make a long story short, all charges were 'dropped/abandoned' with the exception of one felony count of 'resisting an officer with violence'. On the advice of retained counsel, I pled 'no contest' and paid a fine in exchange for no probation, confinement, etc. My Florida record states the disposition as 'adjudication withheld'. Since this incident, I have been allowed to vote, purchase firearm(s) and conduct business as a normal citizen should be allowed to do. Fast forwarding to the year 2000, I attempt to purchase a hunting rifle for my oldest son and my purchase is denied, reason given that I am a convicted felon. I share with the authorities my other weapons purchases, acts of voting, etc. and they had no explanation for their denial in one instance but yet gave approval in another and allowed to retain the weapon(s) purchased previously. Am I a convicted felon? Must I admit to being a convicted felon? Is the area so grey as to permit the confusion experienced by the authorities and myself? Can this record be expunged? I am, and have always been a law abiding citizen. I served my country as a soldier in the US Army and served my community as a paid and volunteer firefighter/ medical responder. I have a son in the service of this country now. Any advice or recommendation you can offer is appreciated. Thank you for the service you provide here.

 

[Michael Wechsler]

In 1993 I was arrested and charged with 1 misdemeanor and 8 felonies ranging from 'disorderly conduct' to 'aggravated battery on a Police Officer(s)'. Their version and my version differ obviously and to make a long story short, all charges were 'dropped/abandoned' with the exception of one felony count of 'resisting an officer with violence'. On the advice of retained counsel, I pled 'no contest' and paid a fine in exchange for no probation, confinement, etc. My Florida record states the disposition as 'adjudication withheld'. Since this incident, I have been allowed to vote, purchase firearm(s) and conduct business as a normal citizen should be allowed to do. Fast forwarding to the year 2000, I attempt to purchase a hunting rifle for my oldest son and my purchase is denied, reason given that I am a convicted felon. I share with the authorities my other weapons purchases, acts of voting, etc. and they had no explanation for their denial in one instance but yet gave approval in another and allowed to retain the weapon(s) purchased previously. Am I a convicted felon? Must I admit to being a convicted felon? Is the area so grey as to permit the confusion experienced by the authorities and myself? Can this record be expunged? I am, and have always been a law abiding citizen. I served my country as a soldier in the US Army and served my community as a paid and volunteer firefighter/ medical responder. I have a son in the service of this country now. Any advice or recommendation you can offer is appreciated. Thank you for the service you provide here.

If "adjudication" was withheld then there was never a judgment of guilty entered, at least in most instances this means that pending your successful completion of a probationary period of some sort, the case is dismissed. However, I'm not quite sure that is the case here since apparently you did plead "no contest" which has the effect of a guilty plea and can be used to prevent you from owning a firearm. I'm not really sure what you have on your record but if it is an adjudication withheld then you might be closer to being able to remove traces of it from your record however this should have been done as per my prior statement. Could you clarify?