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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21903
Experience:  Handle criminal matters in both state and federal courts.
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I am an adult that has had a past record that included juvenile

Customer Question

I am an adult that has had a past record that included juvenile felony adjudications. All of my charges were derived from vandalism on school property, inside the school during a holiday. my record has been expunged recently and I want to purchase a gun.
First: am I able to purchase a firearm.
second: if I am unable to pass the NICS check required, will I be charged with a felony when purchasing a firearm?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

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.

Samuel-II :

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.

Samuel-II :

So, if the record has not been cleared, you can be charged with a false statement as under the penalties of perjury.

Samuel-II :

So, the best thing I suggest is to be sure the adjudications are not there, that they have been expunged.

Samuel-II :

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

Customer:

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,

Customer:

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.

Customer:

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)."

Customer:

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.

Samuel-II :

Hi

Samuel-II :

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.

Customer:

I understand this but honestly I have seen conflicting answers on this forum in regards XXXXX XXXXX

Samuel-II :

Alright.

Customer:

Some experts claim that gun rights restoration is different

Samuel-II :

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.

Samuel-II :

That is the point of the expungement.

Customer:

I had felonies on these records

Samuel-II :

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.

Samuel-II :

If you were an adult felon, you would have to get a Governor's Pardon before you could apply for an expungement.

Samuel-II :

The Pardon may or may not restore gun rights, you see. It depends on which pardon you seek.

Samuel-II :

But you would still need to have the record expunged so that the federal check does not show any felony conviction.

Customer:

so your saying

Samuel-II :

And you say that was done. I suggest you will want to verify that with the court system. It never hurts to double check

Customer:

I could not have the right to purchase a firearm

Customer:

but the background check would come up clean

Samuel-II :

No

Customer:

"You do not have to have your rights restored"

Customer:

what rights would these be?

Samuel-II :

What I am saying is you do have the right, because there is no record of any adjudication.

Samuel-II :

As a juvenile, you are given the opportunity for new start.

Customer:

I see

Customer:

in PA

Samuel-II :

As an adult you would not be and there is a process for adults

Customer:

the felony ajudicaiton does not equal a felony conviction

Samuel-II :

So it is easier to get the expungement for juvenile records.

Customer:

adjudication**

Samuel-II :

That is correct, too. And adjudication is deliquent

Samuel-II :

Unless you were tried and convicted as an Adult even though you were a juvenile

Customer:

that didnt happen

Samuel-II :

Alright.

Samuel-II :

Then verify with the court that there is no record of an adjudication.

Customer:

So when i purchase a weapon

Customer:

I need to check with the court

Customer:

and see that I am clean

Samuel-II :

Also, find out from the Clerk if the expungement included the record being sealed.

Customer:

sealed vs erased

Samuel-II :

Sealed from arrest records being revealed.

Customer:

you used two different terms

Samuel-II :

Yes. Correct.

Samuel-II :

Yes. That is correct

Customer:

both instances mean I could purchase a gun?

Customer:

sealed or erased?

Samuel-II :

There is expungment and sometimes, if needs to go a step further to "sealing" the arrest record

Customer:

explain?

Samuel-II :

Expungement "erases" that court record. "sealing" removes any arrest records from the arresting police agency records

Customer:

I see

Samuel-II :

Aometimes they are separate and apart processes

Samuel-II :

so you should ask the clerk if that is a separate process

Customer:

so a erased record (the lesser) could be enough to purchase?

Samuel-II :

Which would not be a problem if there is an expungment.

Samuel-II :

It should be, because there is no adjudication or felony conviction. But sometimes the state police will hold you up on an "arrest"

Samuel-II :

if it appears in the NICS

Customer:

hold you up?

Samuel-II :

It's funny. Mostly they really dont want you to have a gun

Customer:

they would stop the transaction or arrest?

Samuel-II :

so they do whatever they can to delay or stop the purchase

Customer:

ok

Samuel-II :

They could say an Arrest shows up and it appears to be for a felony, is this what the expungement is?

Samuel-II :

Just jerk you around.

Samuel-II :

Best to have the matter fully sealed so the arresting agency can get the information out of the database.

Customer:

So worst case scenario if the clerk okays my clean record

Customer:

I would buy the gun

Customer:

nics checks

Customer:

arrest comes up

Customer:

but I can legally claim a clean record

Samuel-II :

Correct

Customer:

and wouldn't be lying on the paperwork

Samuel-II :

Yes.

Customer:

ok

Samuel-II :

Because the application asks about convictions

Customer:

i see

Customer:

thank you

Customer:

answer accepted

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21903
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you

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