NICS approval question.

[jsalinas]

Hello Everybody,

My name is Jeff. I'm 37, I currently live in Florida. I'm in the current process of the cool down period to purchase a firearm. My question, will I pass the NICS based on my following history;

when I was 18 I did plead guilty to a felony; grand theft auto, It was aiding in a abiding. I ended up with probation, went back to the court system had the charge reduced to a misdemeanor, went back a year later and had it sealed.

Nineteen years later; no new records, no charges, no run in with the laws. I'm happily married with a child. I'm a professional in the electronics communications work force with a Secret Clearance granted by the department of defense. I never even thought about owning a firearm until now.

My original charge was in California 19 years ago, like I said it has been reduced and then sealed. It did come up with my FBI back ground check for my secret clearance, But I still obtained my Secret Clearance after interviews with DOD agents. I recently had my SC renewed last year.

I currently live in Florida. My question; base on your experience and knowledge of any similar experiences. Do you think I will pass the NICS background check?

Thank you,

Jeff

 

[NavyLCDR]

I'm guessing you won't pass NICS and you will have to appeal it. 50/50 though...

 

[mgkdrgn]

"when I was 18 I did plead guilty to a felony"

Question 11c on the 4473:
"Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?" (now, the question here is, what do records show you were convicted of ... the felony or the misdemeanor ... AND was the =possible= punishment for the misdemeanor a sentence of 1 year or more?)

If you answer "yes", the process is over. You are not even going to get to the NICS check stage.

However, there ARE -specific- circumstances under which you can answer "no" to that question.

"A person who has been convicted .... is not prohibited ... if:
1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored
AND
2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer NO to 11c

(and yes, I'm taking that all from the pile of blank 4473's I have here ....)