Criminal Law Questions? Ask a Criminal Lawyer.
Records are not automatically expunged. So, I suggest that you will want to check with the Clerk of the Court and verify that the records have been erased. If they have been expunged then you are certainly eligible to apply for and purchase a gun.
And if not, you will know before you apply. It is your responsibilty to know that information before you go through NICS as you are attesting to the truthfulness.
So, if the record has not been cleared, you can be charged with a false statement as under the penalties of perjury.
So, the best thing I suggest is to be sure the adjudications are not there, that they have been expunged.
If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
My record was expunged in a court hearing in regards XXXXX XXXXX expungement, but as I understand you are explaining that the effect of expungement must be verified by the clerk of the court. My concern in purchasing a handgun comes from the federal law that states that convicted felons can never purchase a handgun,
I have checked with the state police and ran a background check and my record is clean, however I am unsure if my felony ajudication is a felony conviction thus completely disqualifying me from firearm possession and purchase.
Also after reading about other instances I am troubled when seeing statements such as "Juveniles who have been adjudicated delinquent of certain offenses in Pennsylvania, or elsewhere, “shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm” in Pennsylvania. 18 Pa. C.S. 6105 (c)(7)."
Lastly as I am aware; expungement does not restore firearm rights in PA for convicted felons, would I not have to restore my firearm right seperately, or because my case consisted of felony ajudications, the action of attempting to restore firearm rights is not necessary.
If you have been expunged, then there is no record. You can honestly say there are no convictions. That is the purpose of having the record cleared via the expungement.
I understand this but honestly I have seen conflicting answers on this forum in regards XXXXX XXXXX
Some experts claim that gun rights restoration is different
Well, if your records are expunged then you can but a gun. The point is a conviction that is expunged has been removed and should not appear on a background check.
That is the point of the expungement.
I had felonies on these records
You do not have to have your rights restored, however, because the background check will come back clean. There will be nothing on your record when NICS is run, if in fact, you are certain they have been expunged. You can lawfully, and honestly state no on your applications.
If you were an adult felon, you would have to get a Governor's Pardon before you could apply for an expungement.
The Pardon may or may not restore gun rights, you see. It depends on which pardon you seek.
But you would still need to have the record expunged so that the federal check does not show any felony conviction.
so your saying
And you say that was done. I suggest you will want to verify that with the court system. It never hurts to double check
I could not have the right to purchase a firearm
but the background check would come up clean
"You do not have to have your rights restored"
what rights would these be?
What I am saying is you do have the right, because there is no record of any adjudication.
As a juvenile, you are given the opportunity for new start.
As an adult you would not be and there is a process for adults
the felony ajudicaiton does not equal a felony conviction
So it is easier to get the expungement for juvenile records.
That is correct, too. And adjudication is deliquent
Unless you were tried and convicted as an Adult even though you were a juvenile
that didnt happen
Then verify with the court that there is no record of an adjudication.
So when i purchase a weapon
I need to check with the court
and see that I am clean
Also, find out from the Clerk if the expungement included the record being sealed.
sealed vs erased
Sealed from arrest records being revealed.
you used two different terms
Yes. That is correct
both instances mean I could purchase a gun?
sealed or erased?
There is expungment and sometimes, if needs to go a step further to "sealing" the arrest record
Expungement "erases" that court record. "sealing" removes any arrest records from the arresting police agency records
Aometimes they are separate and apart processes
so you should ask the clerk if that is a separate process
so a erased record (the lesser) could be enough to purchase?
Which would not be a problem if there is an expungment.
It should be, because there is no adjudication or felony conviction. But sometimes the state police will hold you up on an "arrest"
if it appears in the NICS
hold you up?
It's funny. Mostly they really dont want you to have a gun
they would stop the transaction or arrest?
so they do whatever they can to delay or stop the purchase
They could say an Arrest shows up and it appears to be for a felony, is this what the expungement is?
Just jerk you around.
Best to have the matter fully sealed so the arresting agency can get the information out of the database.
So worst case scenario if the clerk okays my clean record
I would buy the gun
arrest comes up
but I can legally claim a clean record
and wouldn't be lying on the paperwork
Because the application asks about convictions
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).