Controlled Substance Arrest in NICS

Last Edited By Krjb Donovan
Last Updated: Mar 07, 2014 07:22 PM GMT

I was arrested in Texas in 2000 for possession of a controlled substance (felony) and possession of marijuana (misdemeanor). I was never convicted of the controlled substance but it still shows up on my background check as an "arrest" but the disposition is "unknown". There are no court documents for me to submit to NICS for an appeal of denial because it never got filled in the county of arrest. Since I was never convicted or under indictment for a felony how can I resolve this problem so that I can purchase a handgun? Does the misdemeanor prevent me from purchasing? I now live in Ohio and they did issue me my Concealed Carry License.

Answer

Despite your "2nd Amendment" subject header, Drew, this is NOT a Second Amendment question, but a Criminal Justice question­ and one that makes no sense.

That said, it does have several elements of interest.

Despite your assertion that there are "no court documents for me to submit to NICS," obviously there are, otherwise nothing would show up on your NICS background check. You're "in the system," and you need to address that.

You need to retain an attorney versed in addressing "Prohibited Person" issues.

I don't know how you were able to obtain a Concealed Carry License in Ohio ­ are you suggesting that their computerized criminal records system is so backward that a search failed to uncover your contact with the authorities in Texas eight-nine years ago?

Before you do anything further, get thee to an attorney. You don't want to have another charge, "Filing a False Instrument," added to your record, do you?

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