State Expungement and NCIS


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nomadw8
January 23, 2013, 01:07 PM
Anyone who has had their record expunged should read these comments from a NJ attorney including:

Q: What records are actually expunged?

A: The records which are actually expunged include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets”, and judicial docket records.

NOTE:

A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time, an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal government recognizes State expungement. This expressed recognition may be found under U.S.C.A. Title 18, 921 (a)(20).

Expungement of an otherwise qualifying offense also removes a person from being subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban.

Link here:
http://www.evannappen.com/expungements.html

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brboyer
January 23, 2013, 01:45 PM
OK...this is not news to many/most here.

Does your post have a point or do you simply find that information interesting?

nomadw8
January 23, 2013, 01:50 PM
I had read & heard conflicting info on this point so it was good, for me, to see that this is settled.

Others may be similarly confused so I thought it was a worthwhile post.

Ryanxia
January 23, 2013, 04:07 PM
Good to know nomadw8 and welcome to The High Road.

RatDrall
January 25, 2013, 07:51 AM
OP, good information that a lot of people don't understand.

Does your post have a point or do you simply find that information interesting?

This is way more relevant to the legal section than a lot of the garbage posted in here lately like "Talking points about magazine bans" and "call your senator blah blah".

brboyer
January 25, 2013, 11:42 AM
OP, good information that a lot of people don't understand.



This is way more relevant to the legal section than a lot of the garbage posted in here lately like "Talking points about magazine bans" and "call your senator blah blah".

Meh, this has been in effect for over 25 years, not sure why anyone would be confused.:confused:

And I reject your assertion that this (a 25 year old provision that effects a very, very limited number of people) is more relevant than the current attack on our 2nd Amendment protected rights. :banghead:

Frank Ettin
January 25, 2013, 12:34 PM
...A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms....This is not necessarily accurate and may be misleading.

That might apply in New Jersey, but it's not clear from your post that you are only talking about New Jersey.

The law regarding expungement varies from State to State. In at least one State (California) certain available expungement procedures do not automatically restore gun rights.



Note to All: The link in the OP's post takes one to a page on the website of a New Jersey lawyer on which he discusses New Jersey law. The references there and in the OP's post need to be understood to apply only in New Jersey. The laws of other States may be different, and these comments on New Jersey law must not be assumed to apply in other States.

nomadw8
January 25, 2013, 05:05 PM
This is not necessarily accurate and may be misleading.

That might apply in New Jersey, but it's not clear from your post that you are only talking about New Jersey.

The law regarding expungement varies from State to State. In at least one State (California) certain available expungement procedures do not automatically restore gun rights.



Note to All: The link in the OP's post takes one to a page on the website of a New Jersey lawyer on which he discusses New Jersey law. The references there and in the OP's post need to be understood to apply only in New Jersey. The laws of other States may be different, and these comments on New Jersey law must not be assumed to apply in other States.
If I read the NJ attorney's post correctly, he states that a FEDERAL not a NJ law, specifically the 1986 Gun Owners Protection Act, is the law which recognizes state expungements at the federal level.

I read this to mean ALL states expungements are recognized equally under the federal law.

Frank Ettin
January 25, 2013, 05:22 PM
If I read the NJ attorney's post correctly, he states that a FEDERAL not a NJ law, specifically the 1986 Gun Owners Protection Act, is the law which recognizes state expungements at the federal level.

I read this to mean ALL state expungements are recognized equally under the federal law.
You're missing the point.

Under federal law, for the purpose of determining whether or not one is a prohibited person for conviction in a state court of a state law crime, federal law defers to state law. So if under state law one has had a conviction for a state law crime expunged, and that expungement restores firearm rights under state law, the person affected will no longer be a prohibited person under federal law.

But not every State treats expungement the same way. There may be varying standards and varying effects under state law. Not all state expungements are equal.

Guillermo
January 25, 2013, 05:31 PM
If the state expungement clears your name, you still might have to request a PIN which allows them to keep your records. That will cut down on your delays and denies.

SharpsDressedMan
January 25, 2013, 05:53 PM
I think you mean NICS, not NCIS..................................:)

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