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  #1  
Old 09-24-2009, 10:05 AM
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Pistol permit and accelerated rehabilitation?

From Connecticut:
About 10 years ago, i was arrested for assault in the third degree. I used accelerated rehabilitation, spent two years on probation, and paid the defendant a couple thousand dollars damages. My question is, since using the AR, I really was never "convicted" so would I get approved for a permit to carry a handgun? Has my record essentially been wiped clean by the AR? I'm sure that the background check has to show something? Is it worth my time to apply for the permit? Thanks in advance!
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Old 09-24-2009, 02:47 PM
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I would contact your local district attorney's office---or the DA in the county where you were convicted. You were convicted if you paid restitution and were on probation, etc. The fact you took measures to make restitution for your crime is commendable, but you still were found guilty.
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  #3  
Old 09-25-2009, 05:47 AM
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I found this definition of AR here:
Connecticut Alternatives to Conviction & Incarceration | Criminal Law Attorneys | Rockville, Danielson, Norwich

Accelerated Rehabilitation (AR) - you may be able to avoid criminal conviction, a jail sentence, and a criminal record for a variety of criminal charges if you are granted and successfully complete AR. You will need to pay non-refundable application fee and a program fee, if you are granted AR. If you are unable to pay the fees, we may be able to convince the court to waive fees in your case.

Here is another snip from an attorneys office in New Haven CT:
New Haven Connecticut Rehabilitation Diversionary Programs

Program requires an application submitted to the Court under oath attesting to eligibility under the qualifications set forth above. The applicant agrees to give notice to the victim who shall have the right to appear and be heard at the time the application is acted upon. The applicant further agrees that any evidence obtained by the police may be order returned to the rightful owner prior to the disposition of the case and stipulates to the use of secondary evidence with respect to those items. If granted, the Court is authorized to place the individual on probation for a period of up to two years. The application is screened by the Court Support Services Division. If successfully completed, the charges are dismissed and their record is ultimately erased, allowing the participant to testify under oath that he or she has never been convicted of a crime.

I guess my point is, if i was still technically "convicted" then what was the point of using the AR?

Last edited by Hillside : 09-25-2009 at 06:07 AM. Reason: Found More Info
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  #4  
Old 09-25-2009, 10:41 AM
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Connecticut is not a true "shall-issue" state that issues a pistol permit to anyone meeting a specific set of requirements. Instead, it has a suitability clause that is interpreted by the issuing agency. You will need to satisfy authorities that you are "suitable" to carry a handgun. The issuing authority can deny your permit for any reason as long as it is not arbitrary or capricious about it.
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  #5  
Old 09-25-2009, 11:51 AM
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I see what you're saying, but: if the charge has been dismissed and I can technically testify under oath that I have never been convicted of the crime, do I still need to put it on the application, will the background check come back and show that arrest?
I guess it depends on how the question on the application is worded?
Have you ever been arrested for...
Have you ever been convicted of...

Thanks for your comments, I appreciate it.
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