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Old July 18, 2012, 11:12 PM   #1
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Dismissed possesion case in 09/2009 affect ccw in Florida?

I was charged with possession of marijuana in September 2009, I didn't have any weed (I know how it must sound) and was going to fight the charge but the case was dismissed/thrown out before I ever had a court date set for arraignment. Will this affect me trying to get my CCW in Florida? It still shows up in the computer for case searches but the disposition says no information/not available.
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Old July 18, 2012, 11:33 PM   #2
Aguila Blanca
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You were not convicted? You can honestly answer "No" to the question on the 4473 about whether you were ever convicted of a felony. The fact that it shows up with no info on a background check might mean a delay, but it shouldn't result in a denial.

The larger question, I guess, would be how you plan to answer the question "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?" But that's on the 4473 for buying a firearm, not on the carry permit application. Submit your application, and if you get a question back just tell them the charges were dismissed before the case even went to trial.
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Old July 18, 2012, 11:37 PM   #3
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The dismissed possession charge itself won't interfere with your ability to get your CCW. However, the manner in which the case is recorded in the computer system may cause a "hiccup in the giddyup". I'm not sure how it works in Florida - someone may see "no information/not available" and know immediately that it means that the charge was dismissed. Or they might think that the case is still pending, or that you were convicted and the database entry was never updated.

But I'd go ahead and try and see what happens. Since the charge was dismissed, it's not as if you're a prohibited person who's trying to fraudulently obtain a CCW. At worst, you're just the victim of a clerical error.
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Old July 19, 2012, 01:38 PM   #4
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thanks for input

Thanks for the input, I don't think it should affect since the case was thrown out for lack of evidence, when I got the ticket for possession the cop refused to show me the evidence or explain how much I had. It was all new to me since I quit smoking years before that and haven't carried weed on me for years just to avoid situations such as that. Just wish it wouldn't show up on the computer. I have other charges which I accepted full responsibility for and manned up to my mistakes when I got caught but I just can't fathom why they gave me a possession charge when I was in possession of nothing and it ticks me off but idk I'll be happy as long as it doesn't affect my ccw.
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Old July 19, 2012, 04:01 PM   #5
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FWIW, in my state I've pursued actions to seal and expunge records of indictments where no conviction followed because the record complicated a client's business life.

There are all sorts of reasons you might prefer to not have that indictment on your record.
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