Delaware Concealed Carry Forum
CCW Methods & Issues => New CCW Permit Holders => Topic started by: Five.Slow on September 09, 2014, 01:38:19 PM
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Hello everyone. I'm new to the forum and have done some perusing around before deciding to ask this question because I haven't been able to find anyone with similar circumstances. Long story short, nearly 20 years ago I was arrested for possession of a controlled substance and elected to take the controlled substance first offenders diversion program to get the charges expunged from my record. I was only 18 at the time and decided this was the way to go because I didn't want it to follow me around the rest of my life.
I have started to do a little research now because I want to apply for my CCDW. I was told when I was released from the program that I did not have to list this as a conviction any longer on my record. Specifically, here is the exact terminology as written in Delaware Code 4764.
(d) Upon fulfillment of the terms and conditions of probation, including, but not limited to, paying of all costs and fees, and performance of all required community service, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, except the additional penalties imposed for second or subsequent offenses under § 4763 of this title. Any person who elects to be treated as a first offender under this section shall, by so doing, agree to pay the costs of the person's prosecution as a condition. There may be only 1 discharge and dismissal under this section with respect to any person.
I have had no problem purchasing firearms but my concern is that they will still be able to find this at the Attorney General's office. Should I prepare to lawyer up if I am denied because of it? As I read it I am not to be disqualified as if I have been convicted of a crime.
Secondly, do I have to check "yes" on the application that I have been found guilty of possessing a controlled substance being the law specifies that charges were dismissed without adjudication of guilt? If I check "no" will I be committing perjury? I don't think I would be as I could probably defend my actions. I would rather just check "no" because I suspect that checking "yes" would get an automatic denial.
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I would think you are OK.
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I don't think you will have any problem. 20 years is a long time. As I read it I would check no but keep a copy of the law just in case the Judge talks to you so you can explain. Tell us when you get your permit.
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You May want to go to the Delaware State police station have yourself fingerprinted and get a copy of your criminal background just to see how this was listed to make sure you were not convicted of anything before you submit your paperwork.
If there was an incorrect record entered you can get this straightened out
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You call always call the AG's office and get there input into how you answer this question.
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I'd guess that you should be OK. When I was 20 I was "arrested" for underage consumption of alcohol by the UD Public Safety (this was before they became the UD Police). Dating myself somewhat, 20+ years later I was able to get my CCW earlier this year.
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As everyone else has said, I think you'd be OK.
But, I will PM you a name to call.
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I left a message with someone at the AG office and also emailed the prothonotary office for guidance. No response as of yet.
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Just talked to the SBI and was told that the arrest isn't automatically expunged when the charges are dismissed but it should qualify for mandatory expungement if I have not had any criminal proceedings since then. So...just to be sure I will get my arrest expunged before I apply for my CCDW.
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Good news.
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It's been awhile but I did go and get a report from the Delaware State Police. The report came back stating that I was eligible for possible pardon on the charges. There was no option to apply for an expunged arrest. Is this perhaps because it is technically considered expunged through the first offender's program and sealed except for repeat offenses? At any rate, they are booking pardon hearings a year out so I wouldn't even be able to schedule a hearing until next December at the earliest. I'm thinking I should just try to apply and see what happens and be honest on the application and explain the circumstances. Worse case scenario I get a lawyer for the hearing if I am denied. Any thoughts?
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A pardon would only be for a conviction. For an adult, an expungement would not be automatic but would be up to a judge.
You said that the paper said you were eligible for a pardon. Was this specific to you or just a form letter?
If you have been able to buy a gun in Delaware then you have not been convicted.
Assuming that you were not convicted, completed a diversion program, were 18 when the offense occurred and have had no further trouble, I would say you are OK.
If you are denied then you can appeal.
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I've dragged my feet long enough so I'm finally going to be submitting my application. Newspaper article has been run, fingerprints complete, and now I need to fill out the area of the permit application that pertains to reasons why. I have a few ideas but I don't want to limit myself. Does anyone have any suggestions that they can send me in a message? Or, I have a few things I was going to put down if anyone would like me to send them a message to see what they think of them? Thanks so much for the help.
Also, as mentioned earlier I have decided to mention my charge from back in 1996 and attached on a separate sheet of paper that I should have been discharged and dismissed after completing the program and listed the Delaware Code number for reference. Here's hoping it clears with the honesty.
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Good luck! As for the reason.. "For the protection of myself, family and property". Thats what we and many others used. It is the reason we want a permit for. Its also pretty much whats stated in the Delaware Bill of Rights Section 20 (http://delcode.delaware.gov/constitution/constitution-02.shtml) at the bottom of the page.
§ 20. Right to keep and bear arms.
Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.
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One more question. I have a separate sheet of paper with both my explanation of my charge and the reasons I want my permit. Should I also have this page notarized when I go to the bank?
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Dont think it is needed. .02 Only the application needs to be notorized.
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One more question. I have a separate sheet of paper with both my explanation of my charge and the reasons I want my permit. Should I also have this page notarized when I go to the bank?
Or you can take it to the Prothonotary's Office and sign it in front of them and they will notarize it. But you can't sign it before hand.
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So I should just bring both copies of the application to the prothonotary and just get it notorized there? Sounds good. I have one week to wait and then I'll take it in. Can't wait. I'm actually curious to see what happens in my case to hopefully help anyone else that may be in my same situation. Everyday I hear about another violent crime in ncc and it makes me want my permit more and more.
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Another tip: I also paid the fees in cash and got receipt. No waiting time wasted on check clearing.
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Dropped my permit off at the prothonotary's office today. Now the wait begins.
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4 1/2 weeks and still waiting. Does anyone actually ever heard from the attorney general's office with questions during the process? I haven't received any calls or anything. I've heard from a few people that they have actually be processing them quicker in NCC. 18 year old neighbor up the street got his within 2 months. Hopefully I can start looking for it the beginning of May.
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Hang in there. It's a LONG, SLOW process.
The good news.... With Easter here the kids will have time to
put them together! (A comment about the high quality document...) ;D
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Only 4.5 weeks? 😆 We waited almost 9 months! Yes, if there is an issue you'll get a phone call. I got 2 myself and the wife had one. Iirc the first call was 2-3 months after submission. As stated already.. it's a long wait.
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Only 4.5 weeks? 😆 We waited almost 9 months! Yes, if there is an issue you'll get a phone call. I got 2 myself and the wife had one. Iirc the first call was 2-3 months after submission. As stated already.. it's a long wait.
Good news!! Received my permit yesterday after only a 3.5 month wait in NCC. Submitted app March 4, Received June 18. Good to see that being honest on the application about my prior arrest 19 years ago and enrolled in the first offenders program did not hurt my chances.
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Congrats. Carry always. Carry safe. Carry wisely.
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Congratulations! Fairly quick turnaround as well!
Now.. Where was the first place you went while carrying? I hit up a local Chinese takeout fir my first carry outing all the while thinking everyone was watching me and could see it under my shirt and coat! ;D
That feeling goes away quickly lol... Stay safe
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My first place was at Chick-Fil-A in Middletown, standing next to a state policeman in the checkout line :o
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Lol fun moments! :D
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Congrats Five.Slow!
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Congratulations. Glad it all worked out.
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unfortunately haven't had the chance to carry yet. I want an iwb holster but hadn't purchased it yet in the off chance that I didn't get approved. I didn't want to waste money. Additionally I went to OC, MD for the weekend and taking my firearm there would have been a no-no. Now I wait for my holster to arrive.