Criminal Law Questions? Ask a Criminal Lawyer.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling firearms related matters just like this one. It is a pleasure to assist you today.
It sounds like the State of Arkansas did not upload your order of expungement onto the NCIC (which is the FBI criminal history database). You need to get with the Court and make sure they forwarded the order to the Arkansis CIC. You then need to make sure than they upload it to the NCIC.
As you know, this is something that you will have to hold their hands on to make sure it gets done. The squeaky wheel gets the grease here. They are government employees and not necessarily motivated to help. You are going to have to press them on the issue.
Let me know if you have any other questions or comments.
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Best wishes going forward!
That is really weird. The expungement should make the charge as if it did not exist. Sometimes in the scenario, the felony arrest will show up, even though the conviction is taken away. That is something to look into because it may be in play here.
The other mechanism that you need to be aware of is that local law enforcement are not necessarily tapping into the full NCIC system like a gun background check...or Brady check. So, they may not be seeing the whole picture.
Here is a helpful hint on avoiding this problem. Go buy a gun permit from the State of Arkansas. They will run a background check as well. They may ask about the expungement and you can provide them the order.
Once it is granted, you can use your gun permit in the gun purchase process and they will likely not even perform a Brady check on you. I have had clients use this tactic in this or similar situations in the past.
Plus, you have the added benefit of having a concealed carry permit as well.
Let me know if you have any other questions and please rate my answer positively.
You can get the application through the Arkansas State Police. Any ASP office should have an application. You fill out the application, get finger printed and pay an application fee. Normally within 45 days, they will issue you a permit after they complete their background check.
The background check is the same that is done on a Brady check. If there is an issue there, you can then handle at the state level and they will also take care of the federal issue. Then once issued, you don't have to go through a Brady check.
You would need to go to the court of conviction that issued the order of expungement and ask for a copy and read it yourself. You also need to contact the Arkansas State Police and get a copy of your NCIC criminal history. It should show exactly what is on your record. You can then better assess what the issues are...if it was simply sealed, that will show up. If expunged, your record should be clear relative to that issue.
An order to dismiss and seal is not the same as expunge. An order of expungement makes it as if it never happened. It whipes it clean. A sealed felony record does not restore your gun rights as a felon.
That is exactly right. First things first. Make sure your record was expunged by order of the court that convicted you.
You have to petition for an expungement of your criminal conviction. If you did not do that initially, that is why it is not expunged. You have to file a petition in the court that convicted you, typically have a hearing and convince them you are rehabilitated and deserve to have your record cleared.
It does not have the same affect as expungement in the feds view though. The Arkansas law may mask from potential employers, but does not whipe the conviction away from gun ownership purposes as the feds view the issue.
The court can still issue an order of expungement. They are not statutorily precluded from issuing an expungement just as the governor can issue a pardon which has a very similar effect.