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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16396
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I had my charges dismissed and expunged after my probation

Customer Question

I had my charges dismissed and expunged after my probation was completed. It was 12 years ago and I'm trying to get my carrying permit but it shows up when they pull my fingerprints. Federal not state.
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 12 months ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Were you denied a carry permit because of this criminal case in your background?

Customer: replied 12 months ago.
My charge was in Tennessee and expunged there. I live in Ma and I got denied because it shows up on my FBI check: I have letters from my attorney stating and showing everything was expunged. My record is clean on any other background check
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

Unfortunately, even expunged records never get expunged from the FBI database and would show up on any government background search.

Unfortunately, because Massachusetts a "may issue" state when it comes to concealed carry permits, the license issuing authority does have wide discretion and can deny someone license, even if criminal charges were dismissed and case expunged.

The only option would be is to file a petition with the local court to have the denial decision reviewed and hopefully overturned.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 12 months ago.
Expert:  Alex J. Esq. replied 11 months ago.