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.