Would it show up?

No. Convictions only.

If you're not convicted, you're not guilty, and unless they prove that you were involved in the crime (well then you'd be charged with something else and found guilty of that) no one has a right to judge you on something that was legally ascertained that you didn't do.

Who could see that you were charged with the crime then?

Click to expand...

Got me. I'm sure LEO's and DA's conducting an investigation or prosecution would have full access to someone's full legal history. But I'm quite sure that the computer systems used for gun purchases only has your convictions loaded.

On the other had, if you're applying for a CCW permit, I'm sure whoever reviews your application would also have access to your full legal history -- the good, the bad, and the ugly.

Also if an officer asked you if you have ever been arrested been to jail before etc. can you say no if you were brought up on fake charges and had them thrown out before even seeing a judge?

Click to expand...

Politely decline to answer. You're under no obligation to answer any question an LEO asks ("You have the right to remain silent," etc., etc.).

Lots of folks have had minor brushes with the law. That typically doesn't prevent them from buying guns or getting CCW permits unless it was something really, really stupid.

iirc, arrest records can show up. Most jurisdictions have some system by which you can seal arrest records you charges were dropped or if you were found innocent.

As always, consult a local attorney

No. Convictions only.

Click to expand...

Depends on how complete their files are. I was denied once over a charge I had when I was 15. It had been a deferred adjudication, so I have no criminal record. But NICS/CBI files did not show the deferred judgement-only that I had been charged with a class IV felony. Everything was cleared up once I got the records from the courts and mailed them to CBI, but nonetheless............

Maybe, sometimes it does.

I've had maybe a dozen clients or so who were arrested but never convicted still be denied. I've also had guys who were arrested, convicted, but later had convictions vacated but FBI still has it as conviction.

Never know until you got through NCICS. What's more, sometimes it will show up, sometimes it will not, depending on the day you do it.

It will show up, definitely. My wife was only arrested, not even charged with anything, and when she applied for her CHL she had to list it so they would not have a surprise on her background check.

It most definetly will show up. I have a PBJ that was satisfied, so no conviction, but it shows up each and every time.

In Florida, You can be arrested for a Felony, Misdemeanor, Ordinance and if the outcome is Adjudication Withheld, No Action or Nolle Pros..then you are ok to purchase. If you completed probation for any of those offences then you must wait 3 years after the completion date before you are eligible.
An arrest does not equal a conviction. Even if you pled guilty to any of the crimes, unless they convicted you, you are still eligible. In Florida, a guilty plea does not necessarly = a conviction.

Unfortunately that is something you can only find out by applying. Same thing with NICS. It depends on too many variables to predict accurately. I recently moved most of my firearms and because of surgery could not drive myself. I wanted my son to drive me until he reminded me he had a criminal leaving the scene arrest (later dropped but never expunged). It may or not have shown up, but why go through the risk? Only you know whether or not you have done anything you don't want brought.

A friend of mine tried to buy a gun a few years ago and was denied for some
thing that happened when he worked at a gas station when he was alot
younger. Some money came up missing and they took all of the employees
down to the station for questioning. He didn't do it and was never charged.
It was in a pretty small town for that time and most everyone knew each other. Somehow this came back on his background check and he was denied.
Long story short, the police chief was retired and still alive. My freind contacted him and got things straightned out. He freaked out at the time
because I don't think that the man ever had a speeding ticket.

I went through this.

I was charged with a felony. (long story)
Charges were dropped. This was back in 1999.

I was living in MI and to buy a pistol you are required to get a Purchase permit. Well I went in to get one and the charged showed up. They asked me what the results were. i told them they were dropped. They then checked and got the same answer. I was granted the permit. I went to the gun store and I sailed through the background check...etc

I then moved to Indiana and applied for my carry permit. I did not get questioned about this charges and got my permit to carry. I have bought 4 or 5 handguns since and never had an issue.

In Winnebago County, Illinois, I had a friend who was arrested on a forgery charge for supposedly passing a fake $20 bill. This guy had/has no priors and fought it. Frankly, I believe him, he wouldn't do something like this. The bartender had given the cops a line about having the whole thing on video, etc, this was in their report. The bar couldn't produce that when defense brought it up. So there was no real evidence, except the word of the bartender, who actually had a number of priors, discovered by the defense attorney. The prosecutor wanted to negotiate the charge down in order to get something, but the defense asked for a jury trial instead of taking a conviction on a lesser charge. The charge was dropped by the prosecutor.

The reason I point this out is that Winnebago County's court has an online system for public records. I have searched it because it interests me. My last speeding ticket is in it, which makes sense because I pled guilty by mail and paid my fine. His arrest is in it also, despite the lack of conviction. The record of the dismissal is in there as well, in fairness to him. There is no record on how extremely weak the charge was, of course.

This information is available to ANYONE, for free, at any time. I am sure the coppers have better systems available to them.

question

Does an arrest for an offense with no subsequent conviction "show up" on a record search?

In theory, yes it should. In practice, the answer has to be maybe.

The National Crime Information Center (NCIC) is the United States' central database for tracking crime-related information. It links to systems in all 50 states. In order to understand and interpret criminal histories and NCIC records, I went through some training with MN's BCA (Bureau of Criminal Apprehension). In theory, all information, arrest, charges, each[ court appearance, conviction and dismissed charges, and sentence, are accurately recorded and can be tracked.

In practice, the system is dependent on data input and that has been unreliable. Often times in investigating a prior charge you may find arrest, charge, 1st court appearance - then nothing further. What happened after that? Well, nobody entered the data, so then you resort to researching the actual court files in the jurisdiction of the offense. Very old school.

So, an arrest is recorded and can be found on a full record or background search.

Related but a different system, the National Instant Criminal Background Check System (NICS) is so that any FFL may contact for information as to whether the receipt of a firearm by a prospective transferee would violate Title 18, United States Code (U.S.C.), Section 922 (g) or (n) or state law.

http://www.fbi.gov/hq/cjisd/about.htm for info about these systems.