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?
"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?
