Expunged Record and CC Permit

[Overwatch]

Hello all. I'm new here and wanted to ask a question and see if anyone could give insight to it. I had a few "Issues" in another state many many moons ago before moving to Florida that were expunged and no issues at all since. I've since legally purchased several firearms without issue. No FTF deals, all above board retail sales with 4473, phone call and all. Would there be any reason that I would have a problem getting a Florida CWP? I've read over the Dept. of Agriculture requirements and don't see an issue. I'm assuming the fact that I can legally purchase would have meaning as well. I just don't want to be surprised. Any thoughts would be appreciated.

 

[mbpautz762]

not sure about florida in particular, but you shouldn't have any problems. as long as it's actually been expunged, you should be good. a friend of mine had an old felony charge expunged, and he has also never had any problems buying firearms since the expungement. he also had no problem getting his CWP. good luck!

 

[Iowa Don]

Fla. & expungement

Call the Florda Dep't of Law Enforcement in Tallahassee-they'll help you. I had to contact them to get my pardon and they were hepful and prompt.

 

[KBintheSLC]

Shouldn't be an issue. Most States will even give you one without expungement as long as the grace period has passed. Petty offenses in UT require about 7 years... alcohol related stuff can be up to a decade. Not sure about FL, but I assume it won't disqualify you for life.

 

[TRGRHPY]

The issuing office (sheriff in many places) would be able to tell you. Here in El Paso CO, there is a few staff members dedicated solely to cc permits and they are very nice and helpful.

 

[Guns and more]

If your record is expunged, it means it never happened. Go for the permit.

 

[SamTuckerMTNMAN]

youre fine go for it.

on app select "none" on prior issues if it is expunged

 

[gottobe]

I am waiting to pick up my new gun, and the FFL dealer is getting "delay" so I have to wait the 3 days.. I have an expunged charge from the 70s when I was a minor...
The FFL guy is an officer, and he says it isn't unusual to get the delay status, but the search does show arrests even if the record is sealed and regardless of a trial or verdict..
Just passing on what I have found out here in SC..

 

[gottobe]

Also, forgot to mention, I have purchased guns from shops,(no wait) but it was some time ago, and probably the background search is more thorough now, with new technology, etc...

 

[BCPerry]

In Ga

My brother also had some issues when he was 17. They were never expunged, but he was never convicted either. After 8 years of leading a good life he applied for a permit here. The probate judge sent him a subpeona to appear before her to answer some questions about the charges from his past. She was satisfied that he had lead a good life since his teen years and now he has one.

 

[Overwatch]

Thanks for the responses. I guess now I'll get in line

 

[t165]

I personally know a current Vincennes campus police officer here in Indiana who was convicted in Federal court of a felony(s) involving receiving drugs in the mail from overseas.

He was in the military stationed in Germany and shortly after he came home he had some of his buddies send him the drugs because they were easy to obtain there. This was in the early 90's. He sat with me one evening and told me the whole story.

His father was a past Vincennes University campus Police Chief and strings were pulled. The federal drug conviction(s) were expunged and he was dressed in a police uniform and handed a firearm to protect the students about 3-4 years ago. He was allowed to attend the Indiana Law Enforcement Academy.

 

[AllAmerican]

I doubt you'll have a problem.

 

[dave_pro2a]

If your record is expunged, it means it never happened. Go for the permit.

Not exactly correct imho.

It will depend on 2 things: the law in the state where the conviction took place, and the law where you're applying for the CCW.

For example: in CA an expungement hardly means anything. You can vote again, but you still can't own firearms.

In Washington an expungement is possible via a court order. The offense will be deemed to have never occured and all rights regained.

Most states will recognize another states expungement process, but some won't. Some states will only accept a govenors's pardon as a means to regain firearm rights.

Bottom line is that it's a complicated issue. You should probably talk to an attorney, just to be on the safe side.

 

[gottobe]

Have an update on my clearance..

I picked up my gun a week ago from my FFL. after waiting a week to get it, because the check said hold..
Anyway I get a call from ATF today, that I am not supposed to own a firearm for a possession conviction I got in 1976!

Now I have to file for a pardon which takes close to a year to get if you do get it..

All can tell you about the conviction is, I was with a school mate in my car, at some point I was sick, yes we were drinking, and he was driving.. He got pulled, and put something under the seat, that I knew nothing about (at the time). He evidently was trying to get out of his ticket, so he tells the officer that "I" have drugs in the car.. They tear my car apart etc.. I go to jail for something I never even saw.. During my bond hearing, I get to read the report, and put together what happened..

So, my mom gets me a lawyer,and she says since it was my car, and I can't prove it wasn't my drugs, to plead guilty and as a minor with no prior trouble the court should be lenient...

Well it did not work out so well, and this stuff must be something very powerful, cause for less than a gram they gave me 18 months suspended and 5 years probation..

I can't tell you how much this situation messed up my youth, but I never got in trouble again, and did not hang out with the same people afterward..

Anyway, if you have teen that has issues, let them read this post.. Over 30 years later, these things can still haunt you!

 

[KyJim]

I agree that expungement is not clear cut. You should get specific legal advice from an attorney in your state.

I used to work in an agency that licensed individuals involving certain types of financial transactions. We took the position that expungement did not make a felony go away and denied the license. I'm not sure if the guy reported the conviction or if we knew about it because he had applied for a license before he got it expunged and then tried again. Of course, if a person does not report the crime to begin with, it would not have been discovered it in the background check.

That brings up the question of whether one is lying and committing a crime when they say they have not been convicted of a felony but, in reality, there is an expunged felony out there (note: the OP did not say his prior convictions were felonies). Of particular interest are those federal firearm transaction forms. Keep in mind the recent court decision where the court held that it did not matter if the underlying state conviction required proof the victim was a member of the family before it would be considered a crime of domestic violence. It only required proof the victim was a family member. A federal court might not care if a felony conviction has been expunged or not.