I have a friend who had a record of Assault and Battery from the 1970s. He recently decided to pursue having the record expunged. After filing for expungement, he last month received notice that the request was granted. So now if he decided to go purchase a firearm how does he answer the question about ever being found guilty of a crime punishable by more than a year in jail. I know how it is handled by a relief from disabilities..you answer yes and attach a copy of the relief from disabilities letter...What do you do with an expunged record??. BTW when he received his sentence he had firearms and was allowed to keep them in the court decree. He just couldn't buy any more according to Federal Law. I don't know why they let him keep firearms other than he was a farmer? He's wondering and asked me cause I used to have a FFL in another life!
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mdf9183
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Once a record is expunged it is like it never happened at least in Texas.
You do not even have to list the arrest.
You do not even have to list the arrest.
I believe assault and battery is a misdemeanor and doesn't exclude someone from buying/owning firearms.
A domestic violence charge prohibits you and the law was retroactive. Even some LEO who pled guilty to a simple misdemeanor domestic violence charge before the Lautenberg Amendment was passed were unable to possess a firearm and lost their jobs.
If your friends record was expunged, it's been cleared from his record.
A domestic violence charge prohibits you and the law was retroactive. Even some LEO who pled guilty to a simple misdemeanor domestic violence charge before the Lautenberg Amendment was passed were unable to possess a firearm and lost their jobs.
If your friends record was expunged, it's been cleared from his record.
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Call the ATF&E and ask. They won't ask your name.
Doug M.
Member
The legal effect of an expunged record is generally a matter of state law. The definition of a specific crime is also a matter of state law. Your friend should have been given appropriate information as a result of going through the process, especially if he did so using a lawyer. (Some states, it is a pretty simple process, some it is much more complicated. I have NO CLUE AT ALL about Wyoming.)
Spending a couple hundred bucks up front to get real advice from a Wyoming attorney who is familiar with that issue of law is probably worth it to avoid future problems.
Spending a couple hundred bucks up front to get real advice from a Wyoming attorney who is familiar with that issue of law is probably worth it to avoid future problems.
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A local lawyer versed in both state expungements and federal firearms law is the best source, of course.
While it addresses the MCDV prohibition specifically, this from ATF is a good indication of the agency's position on expungements.
Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence? | Bureau of Alcohol, Tobacco, Firearms and Explosives
Good luck to your friend. A friend of mine (also from Wyo) went through the relief from disability process and later used a gun to save his life.
While it addresses the MCDV prohibition specifically, this from ATF is a good indication of the agency's position on expungements.
Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence? | Bureau of Alcohol, Tobacco, Firearms and Explosives
Good luck to your friend. A friend of mine (also from Wyo) went through the relief from disability process and later used a gun to save his life.
True as to STATE law. How it's treated under federal law is controlled by federal law. Also, the term "expungement" gets thrown around a lot in reference to things that aren't true expungments. For example, in Arizona people who have had convictions set aside and charges dismissed often assume, incorrectly, that they've been expunged. They are two very different things. Again, consult an attorney.
Well the fellow isn't from Wyoming. He spoke with an attorney who told him the very simple process to have the record expunged. There was a very straightforward process through the state system. Evidently it has to go through all police agencies local County Sheriff State Police and I guess the FBI. Took the longest to get the Federal letter. As far as Relief from Disabilities I knew 2 fellows who went that route a few years apart. the first one was told to answer no to the question about convictions. He hasn't had any problems(I know of) buying firearms. The 2nd was told he had to answer yes to the question and provide a copy of the relief letter. I never had anyone attempt to buy a gun with an expungement. As far as asking on this site..there are a few licensed dealers on here and I thought it was a fair question for at least them. I am sure someone has had to deal with the question. And as far as an expungement I would think the expungement would be accepted anywhere. People do kinda move around these days. There may even be one or two here who have had to resort to an expungement. I was lead to believe that even someone who may have say been in a bar fight in the past could even be a restricted person...even if they only got a 50 buck fine. or probation
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DWalt
Member
I think the BATFE response given should be adequate. So long as the expungement decree does not include firearms purchase or possession restrictions, there aren’t any, at least as it regards BATFE. Expungement is similar to a marriage annulment. It is as though the marriage never happened. But state requirements may differ.
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Here in PA, a friend of mine had her felonies expunged. She had to wait 10 years of being off probation before she could even start the process. After the trip to Harrisburg & interview with the panel she was granted the expungement. But, they told her to go through the FBI and make sure they had her expungement before "trying to buy a gun, for example." I'd go through a lawyer; probably would be money well spent just to make sure everyone is on the same info page.
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