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Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1346
Experience:  I have multiple years experience prosecuting and defending clients.
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In 1990 I lived in California and had a non-violent felony

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In 1990 I lived in California and had a non-violent felony conviction in 1991 and had my records expunged and sealed a couple years later, but I went today in New Mexico to try and purchase a handgun and was denied by NICS. How can I purchase a handgun?

meigs004 :

Hello, how are you today?

Customer:

Okay I suppose

Customer:

And yourself?

meigs004 :

Doing well, thanks for asking.

meigs004 :

Where were you trying to purchase the gun?

meigs004 :

A gun show?

Customer:

Currently I live in Clovis NM and have lived here since April of this year.

meigs004 :

I understand.

Customer:

I tried purchasing through a local gun dealer

meigs004 :

Do you have the paperwork indicating the sealing of your records?

Customer:

I am not sure it was in 1993 when I had the records sealed.

Customer:

Is their a way to get a copy?

meigs004 :

You can contact the clerk's office of the county where you obtained the expungement/sealing. Try contacting NCIS, and see why your charges are being flagged. Otherwise, they will not know that it is flagging.

Customer:

I just had a background investigation for my Government Security Clearance last year and the felony was on that but my clearance was still granted.

Customer:

The investigation was done by Office of Personnel Management so if they know about it then would that be a sign the records were not sealed or are they only sealed locally?

meigs004 :

Right. I understand. What I would do if I were you, and the only way to remedy the problem is to contact NCIS directly, and understand why an expunged/sealed conviction is still being flagged for a purchase of a handgun from a private guns dealer.

meigs004 :

They are sealed in the state of California, and the state databases of that state.

meigs004 :

Therefore, it is entirely possible that New Mexico's databases are still flagging it.

Customer:

So then I would need to have New Mexico seal the records for Calif or?

meigs004 :

You would need to file something in New Mexico to recognize the sealing. Or simply purchase the weapon in California.

meigs004 :

Does this answer your question.

meigs004 :

If so, please provide a positive rating.

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