can a person with an expunged felony record still buy and legally possess a gun?

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unbannableTwo@reddit

Were you found guilty of a felony or did your lawyer plead it down to a misdemeanor with probation and expungement? People get charged with felonies all the time. It almost always gets pleaded down. My kid record was long as fuck. I'd still get booked every couple months when I was behaving. Last kid crime came with probation and expungement so I hit 18 with that shit squeaky clean. Then I smoked a joint so I couldn't get my CCW for a year. That's the only thing on my record. And driving with the inspection out of date. Even the wreck less driving is gone and my insurance is only $54(shoutouts statefarm, big F's in the chat for geico).

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Antique-Exam5911@reddit

That’s the whole point of diversion if you complete the program you get your record expunged only a judge can see it is what they told me if I were ever to get in trouble again!

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Empty-Egg49@reddit (OP)

well I never went to court , they took me to a juvenile assessment center when i got arrested, and when my parents came to get me they said we can send him to jail and have him go to court or do a diversion program and no court, so i went with the program

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Empty-Egg49@reddit (OP)

well they way it went down is i got arrested for drugs and they took me too a juvenile assessment center and my parents had to come get me. They said you can either go to juvie for a month and face a judge or do a 2 month diversion program and get it expunged. so i did the program and got it expunged and never had to go In front of a judge. so technically i wasn't convicted right because I didn't go to court? but i was charged and got it expunged and sealed i think they called it

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unbannableTwo@reddit

You are good my guy. Grab a doublestack 22 TCM 1911 from rock island and you will have 99% of people outgunned. Get a silencer too while you are at it.

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Empty-Egg49@reddit (OP)

thanks for the reply but I'm a revolver guy. i like my 44 and 357 LOL

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unbannableTwo@reddit

I'm partial to the 38 snub myself. Too many folks underestimate fixed barrel accuracy.

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Empty-Egg49@reddit (OP)

my first pistol i got was a 357 snub nose. i got it so i can shoot 38 and 357. its not very accurate but i love the gun, easy to use and don't have to worry about jams

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Empty-Egg49@reddit (OP)

and I'm not trying to say I'm proud of what i did and i would not want to go back to that. i just love firearms and would hate to have that right taken away from me

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xTeamRwbyx@reddit

Person I work with had his stuff expunged so he’s no longer technically a felon and was able to buy a shotgun

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krispy2828@reddit

You can be a felon and still buy a firearm, doesn’t mean it’s legal. Lot of places don’t check that far and you answer on your own will. Have to check with the courts because he can do serious time just because it’s expunged from his record doesn’t mean it’s legal for him. Can do some serious time than he really will never be able to have a firearm. Atleast in California the laws are very stupid.

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Emotional-Public4330@reddit

I only got convicted of one felony got pinched with a firearm and a oz of weed they gave me trafficking and ran it concurrent with the gun 14 years ago non violent felony got it all expunged now can I own a fire arm never was under disability but I got delayed on my nics never tried to purchase a firearm till now should I be worried

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Busy-Maximum6833@reddit

Misdemeanor reduced to violence

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generalraptor2002@reddit

It’s best to ask a qualified firearms rights attorney in your area

But generally a conviction that has been truly expunged (expungement and sealing/limited access are two entirely different things) will not be prohibiting for gun ownership and you can answer no to the question on the 4473

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Trigunesq@reddit

Def contact a lawyer op. If you try to buy a gun and something is wrong, you could end up in a world of trouble for trying to buy a gun with a felony. It's better to shell out the cash and be 100% sure than roll the dice.

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Empty-Egg49@reddit (OP)

When I was younger after completing my diversion program, my parents said they got with an attorney and got a seal and expungement I think my dad called it (took 4 years but it finally got expunged when i was a senior in hs). i said the same thing to myself about not wanting to get in trouble for having one so i figured someone on here could help out

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Trigunesq@reddit

Yea unfortunately this is a situation that is too complex with stakes that are too high for the internet to solve.

So I am an attorney. I have zero experience in firearms or criminal law and I am in no way qualified to help you out here. What I can tell you is I have dealt with an untold number of people in my line of work that have made their situation much worse and much more expensive because they didn't want to consult a lawyer first. I am deeply disturbed that the current state of our justice system is such that the average person needs to pay a schmuck like me to make sure they dont run afoul of the law. Unfortunately, thats the way things are.

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Lordsoggyballs@reddit

Yes, I had an expunged felony and I now own about 8 guns.

The only time it will ever come to light is if you enlist, ask me how I know.

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Empty-Egg49@reddit (OP)

sorry for the late reply but wym by enlist?

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Intelligent-Age-3989@reddit

Yes. I had a 35 year ago felony from a stupid 20 year old decision. I paid a lawyer to expedite it and over a year ago became fully legal, have my CPL and have bought 3 pistols NEW and a few used ones. Just make sure you're all up to date kn any paperwork and call your state patrol or whatever agency starts the background process locally and make sure. They'll tell you everything you need to know once you prove you're who you saw you are etc. it took me from day 1 about 5 months to owning my first pistol purchase.

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ollieollyoxandfree@reddit

I was in the same boat and went through the process of having records expunged and sealed since both times were under 18.

I have legally purchased rifles, pistols, and shotguns. As well as having gotten my concealed carry permit.

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LiveNefariousness255@reddit

Try buying a piece, fill out the application truthfully and see what happens.

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GreatTea3@reddit

I don’t think this guy should have a problem filling out a 4473 and walking out with a gun. But that’s spectacularly bad advice. If for whatever reason he’s still prohibited, he’s committing a felony by lying on the form. If you don’t know for sure on something like this, ask someone who does. We don’t know what state he’s in or what weirdfuck conditions there could be for his expungement.

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NOIRQUANTUM@reddit

I think you most likely can but I ain't a lawyer so best talk to a lawyer.

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ComfortableAnimator4@reddit

No one on this Reddit page is probably a lawyer. If I were you and you wanted to play it the smartest way possible. You could probably call a lawyer and get a free consultation and then just ask them about it. I believe if it's expunged you can own firearms because it's not supposed to count against you in any way. I'm pretty sure if it's been expunged you are no longer considered a convicted felon. So honestly you could probably just walk in and try to buy one. Fill out the paperwork and see if you get denied or not. But if you want to play it extra safe you can always just get a free consultation from a lawyer and they should be able to answer your question.

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monty845@reddit

There are definitely lawyers floating around. But:

They aren't OP's lawyer
They don't know the specifics of OP's case, or what the implications of those specifics may have on the interaction between State and Federal laws.
There is no way to be sure what background people posting have. In some ways this is good, in that we look at the quality of someone's argument, rather than deferring to some title/authority. But when its a flat claim about the law, without references, there is no way to evaluate its accuracy.
Anyone offering advice without know the state, and how that state treats expungement, is very concerning. I don't know for sure if any states have a catch, like not automatically restoring your gun rights, but if one did, and we didn't give state specific advice, OP would be committing an easily detected felony.

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RandoAtReddit@reddit

I am a lawyer, so don't be so quick to make such sweeping statements.

Unfortunately, I'm also a liar.

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glowingjello@reddit

This man is a liar, therefore clearly a lawyer.

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xRogueCraftx@reddit

I'm not an attorney, but I just went through something similar, so I will tell you exactly what you need to do.

First get a copy of your IdHSC or identity history summary check from the fbi. You'll need to submit fingerprints. I did mine at the post office for $50.

That will show you what shows up on your background checks. If it's blank, you're good to answer no. I'll include the actual law instructing you to do so at the end.

If the IdHSC shows the crime. You can file a VAF appeal. At which point they'll issue you a UPIN. Honestly it's not a bad idea to do that anyway.

21c instructions:

EXCEPTION: A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Also, a person who has no more than one conviction of a misdemeanor crime of domestic violence against an individual in a dating relationship, and is not otherwise prohibited under this chapter, is not prohibited if 5 years have elapsed from conviction or completion of the person’s custodial or supervisory sentence, whichever occurs later, and the person has not subsequently been convicted of any other misdemeanor crime of violence, or any other offense that would disqualify the person under 18 U.S.C. § 922(g). A person subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. § 925(c), should answer “no” to the applicable question.

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AtomicPhantomBlack@reddit

If you were never convicted (adjudication probably counts) of a felony, or mis. DV for that matter, you should*** be fine.

Should be a simple thing for a lawyer to clarify, however.

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ratmanmedia@reddit

The only acceptable answer to your question is: Consult with an attorney that specializes in firearm laws in your state.

Nobody here is going to be able to guide you properly.

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LiveNefariousness255@reddit

Try buying a piece, fill out the application truthfully and see what happens.

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Silent__arrow@reddit

You can buy a gun once you’re 21, once your record is expunged you no longer considered to have a criminal record and can answer no.

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ConsiderationOk7699@reddit

Not a lawyer but best advice is to contact a lawyer or a Leo and explain situation each state is different

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EivorKS@reddit

some depends on state and county.
I wouldnt rely AT ALL on the words of a random internet person and would instead go to local PD and/or gun s hop and begin asking

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556_FMJs@reddit

Cops are ignorant as hell on way too many gun laws. Better off paying an attorney for a consultation.

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EivorKS@reddit

and they will be the ones talking to you first. good to get the baseline of the ones doing the responding as well as the actual letter of the law.

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AlphaTangoFoxtrt@reddit

No they wouldn't.

Because I never talk to the police.

https://youtube.com/watch?v=d-7o9xYp7eE

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HSR47@reddit

You misspelled “Attorney specializing in firearm laws.”

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EivorKS@reddit

you misspelled "pay by the hour"

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tonguejack-a-shitbox@reddit

Good lord this is the worst place to ask questions like this mainly because everyone gets so serious about it and starts yelling about talking to a lawyer. Which is exactly why you came here probably, lawyers are expensive.

The answer is yes. You can buy a gun. You were never convicted of a felony. You are not a felon, and should never say you were or have a felony. That’s the whole idea of expungement. Plus you didn’t even have a felony to begin with. You never went in front of a judge or were never found guilty. You did a deferment. Which is different but I can see he confusion.

Yes, go buy a gun. Congrats.

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aricc1995@reddit

In my state you have firearms just be getting felony charges reduced if that is an option.

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Future-Beach-5594@reddit

True story! Know someone verry verry well who was a bad ass kid! Did some dirty and picked up two felonies and a strike all before 21 years old. Guy went in and straightened out his life got a degree in college and went to the courts and asked for reduction of charges to misdemenors and then an expungement and a sealing of reacords. This guy buys 12-20 guns per year! Gets an ocational delay on nics due to someone not liking the fact his reacord is sealed but yes you can buy firearms as long as you pay your debts and take the propper steps to get the paper trail done correctly. However there are a few charges (list on feds website) that will never be cleared for gun ownership and a couple missdemenors(domestic violance) that will also bar you from owning. Secondly there is a 10 year stay in most cases from date of conviction. So lets say you were convicted in september of 2015, you would need to wait till end of september this year in order to be past that 10 year stay from date of conviction. Its a tricky system to navigate but it is designed so you can get your rights back if you do a little extra leg work.

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Scipio2myLou@reddit

Consult with a lawyer in your state. Generally, the right to legally possess a firearm is not automatically restored by the serving of a sentence, the clearing or sealing of your record, etc. That right must actively be restored. It is unimaginatively called a "restoration of rights" action to reinstate that right. Again, ask a lawyer in your state for the specifics.

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Diablo_Saint@reddit

Talk to an attorney specializing in self defense/2A/Firearms. I recommend David McDermott who is based in Homewood, Illinois. DO NOT talk to or ask police or FFL holders. It's none of their business and they can have you jammed up on technicalities or flat out deny you sales and yes they can and are under legal obligation to do so.

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Empty-Egg49@reddit (OP)

i live in Florida so i don't think i could speak with him. And trust me, a cop would be the last person i ask this question to LOL.

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