CWL application -- what if you have a restoration or expunction?

Interesting email came in today on Question #7 in the Florida CWL application which asks if you were ever convicted of a felony.  Of course -- if you weren't -- you answer "no".  (duh!)  But, what if you were, but your firearm rights were restored, or you had an expunction?  What then?

Well . . .  the answer really depends whether there is a record anywhere the DOA will find that indicates you had a conviction,  or even an arrest without showing the eventual disposition.  Any of these would cause a problem -- as you (not the DOA) has the burden of establishing your entitlement to a CWL,  and that means that if they find a record -- it's up to you to prove that you're still entitled to the Florida CWL.  So,  as a practical matter -- your answer will normally be "yes", but you will add to your application that you had your rights restored (pardoned, or whatever) with a certified  or otherwise authenticated copy of that restoration that will prove to the Department that you qualify for the CWL.

Of course,  an expunction is a bit different.  Technically,  an expunction should wipe out all the records the DOA would be able to see.  (it could take a full year for all the computer records to wipe the original case out -- although there are still some files only FDLE , and a few others can see)   So,  if you answer "no" -- and no record pops up -- you haven't lied legally,  and you've also avoided the issue of the DOA wanting proof.  However,  this isn't always the case, and sometimes a record is still lurking around where it shouldn't be -- often in the form of an arrest record without any other record showing the outcome.  In such a situation -- you are still going to have to prove the expunction, Usually -- that's done by a certified copy of the expunction.  If you don't have it -- it could get complicated,  in that you might have to hire an attorney to open up the expunged court file.  That's why I always recommended to clients, when I was doing these things, to obtain a few extra certified copies in case a problem ever occurred years later.

So --   that's the story.    Hope it helps.