Expunged record, can I buy a gun?
Posted by ArtThyMoses@reddit | Firearms | View on Reddit | 61 comments
While young and dumb in Kansas of 2016 I got non violent felonies/misdemeanors. These charges were expunged in 2020. The order of expungement states i should be treated as not had been arrested or charged from the charges described herein. While I was a felon, I was not able to vote. After the expungement, I can legally vote again. Assuming this means my civil rights have been restored. It’s 2024, I reside in MN. I applied for a right to purchase a gun at the local police station. I read the bold letters asking if I was a convicted felon. They even stated lying about his can result in another felony charge! I answered “NO”. 4 weeks later and I received my right to purchase a firearm from the chief of police. Should I be okay to buy a gun myself? Does the police station background check see the same thing as the NCIS check?
What are your thoughts?
dlbj1978@reddit
I know this is an old post I'm in South Carolina I went through a similar situation I had two charges in New Jersey from many years ago unlawful possession of a firearm 2020 had the charges expunged apply to get my permit here in South Carolina I got it made several firearm purchases out of passed nics but last year something weird happened on a trip was passing through South Dakota and seen a pretty good deal on a shotgun so I decided to buy it well comes back denied then when I go to renew my permit I get denied after speaking to the agency that issue my permit said I've never should have been issued one because of my expunged charges but also my expungement has no firearm restrictions and when I spoke to a attorney in New Jersey they said I am 100% free and clear state and federal level to purchase firearms but then the state police here refuses to issue me a permit and I've explained this expungement is free and clear no restrictions but the state insists I need a pardon from the governor which is absolute bullshit personally I think the guy's just trying to be difficult because with the political climate in New Jersey I have a better chance of winning the Powerball lottery over getting a expungement for a simple handgun possession charge even though at the time I had a carry permit from my state so I'm dealing with a lawyer in my home state which said this is absurd I should not be having this issue so I got to meet with him tomorrow and get the press process started on the official appeal but you just got to be careful when dealing with a situation like this because I have my attorney in one state saying I'm 100% good on the local and federal level and I have our local sheriffs department which I questioned them they said I'm good to go but I have one particular department that says I'm not so it's a touchy situation whenever this new federal relief relief petition becomes available next month and considering having that done just to clear the air on the federal level so that way there's no chance I can get in trouble
ArtThyMoses@reddit (OP)
Tough situation. I’m not aware of any laws outside MN. Every time I purchase a gun after my expungement, I get delayed 3 days and pick it up after. Just bought two in the last couple of weeks. Got delayed on the shotgun I bought and got delayed on the pistol last week..
Glittering-Throat589@reddit
Im just went to get my first gun after expungement got delayed still waiting but the store i went to will not transfer without a proceed so if i don’t get a response after 3 days I’m going somewhere that will honor the Brady Bill…..I do feel better seeing that someone else gets delayed lol
ArtThyMoses@reddit (OP)
Getting a UPIN is so much work. I don’t mind the 3 business day delay. Got the shotgun today
Glittering-Throat589@reddit
Nice…..im in Michigan/ohio so the laws seem pretty similar as far as expungement works with 2A……..As long as it goes through i can wait 3 days
Less_Illustrator_708@reddit
What lawyer did you use?
ArtThyMoses@reddit (OP)
The crime I committed happened in a different state I currently live in. So I used a criminal defense lawyer in Kansas for my defense/expungement. I spoke to another criminal defense lawyer in MN where I live about purchasing guns. To my knowledge, as long as the felony is expunged and it is not violent. You can buy guns again. I just applied for my concealed carry permit, I told the sheriff what my expunged crime was and she told me I will be okay to apply with no risk of receiving a felony
Asleep_Market7834@reddit
Not sure if this topic is still open or if your question had been answered but I was in the same boat and had my record expunged . My rights were restored but still continued to get denied . So much so that I was contacted by the ATF . Long story short you will have to get a VAF file from the fbi from their website . Submit your fingerprints and any documents supporting your record of expungement. They will do a full investigation and if you’re no longer prohibited from owning firearms they will issue you a UPIN then you should be able to use that number on future background checks hope this helps
Asleep_Market7834@reddit
The process costs about $50(for fingerprinting by an authorized digital provider) or you can go to your local sheriffs office and mail it . Took about two weeks for my UPIN to be issued after fingerprints were received
cdbrown21@reddit
Yes
SupermarketWorking58@reddit
I just read..in S.C.exspungment does not restore rights to own a firearm.Instead a Pardon is required to restore that right. A Pardon restores all civil rights lost as a result of a conviction, including the right to own n possess a firearm.I was gonna try for exspungement and the lady sent me the application and the 1st.thing I read was,a felony cannot be exspunged. I had told her what "my crime",was and she said probably not,so why did she even send it to me.I will ask for a pardon. How devious n cruel is it to tell a person, oh if you have a felony, the hell with your life if someone is coming through my window. I'm 5'1,I laugh when I think about trying to SUBDUE A SOMEBODY,that more than likely has a gun himself. Cops are allowed to lie,hell, that's nothing new. The added lies they used against me,I hope they get in a situation one day,that will make them really think,but I probably won't see it.They get a kick out of fucking up someone's life and 8 out of 10 are lying ...PRICKS.
kalashnikovkitty9420@reddit
if you had an actual expungement, then yes your gtg.
but i had to pay a lawyer and the process took time and effort for my expungement. it didnt just happen.
talking to a lawyer is your best bet unless your sure of your expungement.
ArtThyMoses@reddit (OP)
I paid my lawyer about $1,000 in 2020. My state of Kansas court document title says “Order of Expungement” and recites I hereby ordered to be expunged in one of the lines.
kalashnikovkitty9420@reddit
did you get a stack of papers from all the court distracts your papers were filed saying their systems have deleted your papers? if so them congrats brother your gtg
ArtThyMoses@reddit (OP)
I did not get a stack of papers but my order of expungement has a line in it where it orders the K.S.A. to send out an expungement order to all criminal justice systems.
Hammermier2@reddit
So fellow young (at one time) dumb Kansan here. Similar situation. If it is truly expunged (you should have paperwork) you can buy a gun.
ArtThyMoses@reddit (OP)
Hello Kansan,
Yes, 100% full expungement. I had to do an FBI check for a financial job a couple of years back. It shows on my record what I did but all charges are listed as "Dismissed" & "Expunged"
Irish_Guac@reddit
I sell firearms at an FFL in Michigan. We have a shit ton of expunged non-violent felons who are now purchasing firearms legally. I don't know this weird shit about "receiving" your right to purchase a firearm, but yeah you should be able to
ArtThyMoses@reddit (OP)
The state of MN requires residents to either get their Conceal and Carry license or a “Right to Purchase” at the police station. Either of those cards allows MN residents to buy firearms with a pistol grip. Otherwise residents can buy hunting rifles as long as 18 years or older.
Irish_Guac@reddit
Well that's a blatant violation of the 2nd Amendment but this isn't the place for a whole conversation about that
Either way, that's weird asf. Should be able to buy a gun anyway
forgedd_@reddit
Pretty sure the permit to purchase or ccw permit just speeds up the background check. Not an actual requirement to buy the firearm.
Irish_Guac@reddit
They said "require", so it doesn't sound like it. Who knows
forgedd_@reddit
At least that’s how it was in Iowa before they got rid of all that shit.
BigTuna1911@reddit
I live in NJ (not gun friendly). There is a box for if you were in a mental institution and another box if you had any expungement. I believe it says non violent.
BurnAfterEating420@reddit
from the form 4473 instructions:
NinjaBuddha13@reddit
The word you need: lawyer
The word you found: reddit
Robb01870@reddit
Yes you should be all good to purchase now.
AngelAnon1996@reddit
Expungement is supposed to effectively make it as if it never happened. Unfortunately our government is now more corrupt than a 3rd world shithole run by a warlord.
Displaytrickie@reddit
Our government is not more corrupt than a “third world shithole run by a war lord” and the fact that you think it is speaks to the fact that you’ve never lived in such a place.
Yeah there certainly are problems but you have no idea how much worse it could be lmao you live in one of the most developed, wealthy, and powerful nations to ever exist
rsty-shackleford@reddit
Its also very, very corrupt
Displaytrickie@reddit
I mean kinda? Most of the problems aren’t corruption corruption. Overall the systems work as they should the problems is how the system is designed. There’s things like lobbying and politicians owning stocks but that’s not true corruption because that’s how the system is designed
Still no where near as bad as most of the world and the fact that some think it is just shows how good they have it
rsty-shackleford@reddit
Oh sweetie, you think it’s just stocks? Look at the military industrial complex and the bullshit wars we send our kids to die in for profiteering to enrich cronies.
Look at the banking sector and bailouts / manipulation there. Look at the federal reserve system.
It’s so much more corrupt than most everywhere else - it’s just civilized corruption vs what seems to be your perception of traditional third world corruption.
We’ve perfected it.
Displaytrickie@reddit
Yeah whatever, I’m not saying the country if perfect. I’m saying it’s no where near the level of a third world shit hole
I know it’s so hard for you living in one of the most advanced societies and cultures that’s has ever existed on this planet but you’re life isn’t anywhere near the average existence in South Sudan, a real third world shit hole
rsty-shackleford@reddit
"yeah whatever" - give me a break.
How do those boots taste?
Displaytrickie@reddit
I agree with you that all those are problems, pretty much everyone will that was never the point.
You think I’m a boot licker for implying that your quality of life is better that an individual in sub Saharan Africa? Because that’s what I’m saying. That’s my entire point.
rsty-shackleford@reddit
I agree that our quality of life is exponentially better - I've seen it first hand in Iraq and Afghanistan, very grateful to be born here.
However, you are objectively wrong about corruption being worse. These aren't examples 'problems' in the US, they are examples of the extreme corruption of the US Government and their influence in literally every aspect of our lives and the lives of people around the world.
How many of these third world shitholes are as bad as they are because we supported a coup or overthrew their governments? A lot.
I don't think you are a bootlicker because you have a good standard of living, I think you are a bootlicker because you fail to acknowledge that the US Government is the most corrupt organization at scale in the history of humanity, which is objectively true.
Its not ok to dismiss all of it because you can watch netflix and order a pizza.
Displaytrickie@reddit
When did I fail to age acknowledge it? I agree with you I just disagree on the definition of the word corruption, we both think they are bad for the same reasons.
If you genuinely think that the society you live in is as corrupt as like South Sudan for example you just need to stop spending so much time on the internet I don’t know what else to tell you that’s the most reddit hive mind shit I’ve ever heard
Also someone who did the foreign interfering and quite literally wore the boots calling me a boot licker is a little funny but that’s besides the point lmao
IllAssistance7@reddit
Depends on your state. There are a couple states that even expungement doesn’t get your right back, some states have a minimum 10 year wait (after expungement, not conviction) and some states have nothing. This is a question for a lawyer in your state, not for reddit my man.
ErronsBlacker@reddit
1st step. Talk to a lawyer for legal advice about something that has the possibility of landing you in prison.
Disenthrallor@reddit
The problem is most state agencies don't report expungments to the FBI like they are supposed to.
This is what you need to do.
Get a copy of your FBI file. The instructions are on their website.
Check it for accuracy. If the expunged item is still there, go to your state agency in charge of reporting it to the fbi and hand them a copy of the expungement order.
Wait a few days, report the inaccuracy to the fbi. They will request an update from your state. Once they get it, they will send you a corrected copy of your file.
Now your nics check should go through without a hitch.
hhjnrvhsi@reddit
Federally at least, once it’s expunged, you should be A okay.
In my state, it’s weird. Usually, expungement results in getting your rights back. However, if you have a charge of domestic violence, your rights have to be reinstated by a judge. That’s even if it’s a misdemeanor.
You should definitely just call the lawyer that handled your case.
Tactical_Grifter@reddit
You're no longer a prohibited person even by the directions of form 4473. It specifically states if you're record has been expunged to mark no to the question and applicable state laws ect ect. You should be good to go. If you get denied or delayed file an appeal with the fbi and for a upin with the atf.
WingShooter_28ga@reddit
What does your lawyer say?
italiano78@reddit
Yes you can, my record was expunged and sealed! I own guns, silencers, sbrs.
Ok-Government-8521@reddit
There are two different types of expungement I’m guessing cause I actually had a guy get his record expunged and got every right except his gun rights back he thought he had them back when he actually didn’t so basically what I’m saying look up your court records for the expungement read the fine print and consult a lawyer if you still have questions
ArtThyMoses@reddit (OP)
There was nothing in the order of expungement that is firearms related
Ok-Government-8521@reddit
Lawyer make sure the judge said you can own a firearm i promise I have seen to many get arrested over this bullcrap I know it sucks having to spend more money on it but it’ll be worth it if It keeps you out of jail/prison
CAD007@reddit
Congrats!
Practical_Tax_520@reddit
Just have to pay that’s it. Just pay a lawyer and you’re good to go. Wait a bit and get the info saying it was done. Super simple. Just of course get a lawyer. You can do it yourself. But don’t risk a felony by maybe not doing the right step and thinking you’re fine.
kcexactly@reddit
I am not a lawyer but Kansas passed a law in 2021 that specifically reinstates the right to firearms for certain felonies and people who have had felonies expunged. It might not hurt to ask a lawyer but you can read the law for yourself.
Also, in Missouri a person sued the federal government for denying his right to purchase a firearm after his felony was expunged. He won the case.
Here is a link to the law. http://www.kslegislature.org/li_2022/b2021_22/measures/documents/hb2058_enrolled.pdf
I think you are good but I am just some guy on the internet. I wouldn’t be surprised if you get denied. What I would do is get a UPIN. Basically it is a preapproval to purchase a firearm. It is something that establishes you are legally allowed to purchase a firearm. Then when you buy a gun you won’t get a delay or denial because of your previous history. My dad had to get a UPIN because he was always getting delayed. It makes buying guns at a gun show a pain in the ass.
Again, call a lawyer and chat with them. You probably need to call a lawyer in Kansas.
ArtThyMoses@reddit (OP)
Thanks for the information! I had level 9 non-violent felonies in Kansas. Nothing near the severe or moderate level of crime.
Spheresdeep@reddit
Not a lawyer but yes. When I had stuff expunged it was you answer like it never happened. The only place that it does not was on security clearance at which point they specifically say to include any arrest that have been expunged.
mreed911@reddit
You were correct - you are no longer a convicted felon.
Kingfargleson@reddit
bro call a lawyer
shoturtle@reddit
You are good, the incident never happened where the court is concerned with the expungement.
spoosejuice@reddit
Find a copy of the 4473 and discuss with a lawyer
cledus1911@reddit
Dear Google…
Alternatively, and preferably, ask your lawyer
llamacohort@reddit
I'm going to be honest, Reddit is a website that has a massive amount of children on it. The average age of reddit users are in their early 20s. If this is where you are going to get legal advice that could land you in prison, then you are not making good decisions with your life. Unless you are paying a lawyer to review your situation and walk you through every question on the documents, you shouldn't get near a gun store.
dubious455H013@reddit
Brah, you should really talk with a lawyer about this
PewPewPony321@reddit
For real. Expungement means he is good to go, but man if you dont know 100% I wouldn't ring a bell that could put yourself behind bars.
Id ask a lawyer. Pretty easy stuff to look up Im sure
gavin_newsom_sucks@reddit
Sounds like you are good to go