I recently applied for a CWL in Florida and received suspended application response because of a felony DV arrest from a couple years ago. The case was dropped & a "No File" was issued, also the arrest was Expunged. They are seeking a disposition of the Arrest from the COC, however the COC has no record of the Arrest. From what I read the Florida Statute only refers to convictions and the CWL application also only refers convictions. So, I forwarded the only paperwork I have which was the Order to Expunge, Will this be enough to be approved or can they still deny me a CWL? Plus, Isn't Florida a "SHALL" state? Which means if I meet criteria they have to issue the license?
It's still discretionary, in that the Dept. of Agriculture has to be certain you don't have a record that will disqualify you. In that regard, I suggest that you get the expunged file re-opened and obtain a certified copy of the disposition.
i hope I've been helpful and Good Luck.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
I agree with Mr. Blecher, issuance of a CWP is discretionary with the Department of Agriculture, if the neither you nor the attorney who handled your expungement has a certified copy of your disposition, you will need to file a motion to reopen, so that you can obtain the certified copy of the disposition.
Take the "test" at the following link and you will have your answer:
Please see: https://licensing.freshfromflorida.com//firearms/prequal_questions.aspx
Then see: http://www.usacarry.com/florida_concealed_carry_permit_information.html
Make sure you follow all rules to the letter.
Wishing you luck and hoping that I have been helpful in answering your question.
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