Can I legally owned a firearm if I had a felony that was expunged? 32 Answers as of July 04, 2013

Can I legally own a firearm if I had a felony expunged in another state, which was theft with a prior?

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Law Offices of Karen Kilpatrick
Law Offices of Karen Kilpatrick | Karen Kilpatrick
Check out this site: http://licgweb.doacs.state.fl.us/weapons/index.html.
Answer Applies to: Florida
Replied: 7/12/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Only if you return to that state and petition the court to restore your gun rights.
Answer Applies to: Washington
Replied: 6/26/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information and the answer may depend on the laws of the other state. You may need a lawyer in the other state to advise you as well as a New York attorney.
Answer Applies to: New York
Replied: 7/5/2011
Pontrello Law
Pontrello Law | William Pontrello
If you are not convicted of a felony you may own a gun.
Answer Applies to: Florida
Replied: 7/4/2013
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
If your felony was dismissed, or is over ten years old, you can. However, you should contact the FBI to have your gun ownership rights officially reinstated.
Answer Applies to: Colorado
Replied: 7/5/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    California Penal Code section 12021 prohibits anyone convicted of a felony in any state from owning a firearm in California. There are limited ways to regain your right to possess a firearm. You mustapply for a Certificate of Rehabilitation or a Governor's Pardon. You should research the requirements in the State in which you were convicted. You might be able to find some relief if you are able to get the original prior reduced to a misdemeanor.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Expungements in California will not allow you to possess a firearm. You need to consult an attorney in the state where the conviction and expungement occurred to determine what the law in that state is.
    Answer Applies to: California
    Replied: 7/5/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Expungement and restoration of rights - voting and firearm re separate petitions and orders. You still need to seek restoration of firearm rights.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Expungement will not usually have any effect of on the Federal or State laws concerning possession of firearms by a convicted felon. An expungement serves only to seal the criminal record from those not privileged to see that information. You should consult with an attorney concerning these rights.
    Answer Applies to: Kansas
    Replied: 7/5/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The expungment does not keep The government from getting your record. You cannot own a gun.
    Answer Applies to: California
    Replied: 7/5/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Call local sheriff's office and ask if allowed. Felonies normally prevent you from having a firearm. Unsure if expunged in another state, since you really do not have a conviction.
    Answer Applies to: Alabama
    Replied: 7/5/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you have no felony record, an expungement would remove the record, you could own a gun.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In short, yes. How you get there is another concern. There is a statute that concerns prior felony convictions and gun ownership. You would need to comply with that statute to own a gun. The expungement may, or may not affect your ability to own a gun. The expungement statute and the felon owning a gun statute would need to be compared to see what affect they have on each other. Since the ownership statute would provide a right to own a gun, proceeding under that statute, regardless of the inter-relationship of the expungement would be the most sure choice. I would suggest that you retain an attorney to perform a review and give an opinion on the correct way to proceed.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If another state expunged your conviction then it no longer exists and can't be held against you in any way. You are allowed to say you never had the arrest or conviction as it now is a nullity and has been removed from the computers.
    Answer Applies to: New York
    Replied: 7/5/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    Yes you can. An expungement of a charge means the charge never happened.
    Answer Applies to: South Carolina
    Replied: 7/5/2011
    VSL & Associates
    VSL & Associates | Valerie Lopez
    Yes. Even though you had your felony expunged, once you are convicted of a felony you lose your right to possess/control a gun.
    Answer Applies to: California
    Replied: 7/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I believe you need a pardon.
    Answer Applies to: California
    Replied: 7/5/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If the felony was expunged, why would you NOT be able to own a gun. However, you better be sure the felony was expunged, because the judge will not want to hear "you thought: or "my lawyer told me."
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    The Colorado statute does not expressly address expunction under another state's law. If you were previously convicted of a felony, you cannot possess a firearm in Colorado for 10 years (see C.R.S. 18-12-108).
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    This is a gray area in law. Under NH law yes no problem you can own gun, under federal law, a potential problem as feds do not permit annulments. So my opinion is yes but you could still end up being charged, a jury trial is costly but I believe you would win.
    Answer Applies to: New Hampshire
    Replied: 7/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can possess a firearm as long as you have served and/or completed all prison time and/or probation or parole and all fines, costs, and conditions associated with the felony has been taken care of. There is also a waiting period until a convicted felon can possess a firearm it's either three years or five years depending on what type of felony you were convicted of. See MCL 750.224f for a more complete understanding.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Very tough question to answer.I would think that it may depend on whether your gun rights were reinstated when they reinstated your civil rights and prior to the expungement. Just to make certain, see if you can secure a gun permit from the County Sheriff's Department and show them the expungement papers.
    Answer Applies to: Alabama
    Replied: 7/1/2011
    The Law Office of Corey Cohen
    The Law Office of Corey Cohen | Corey Cohen
    As long as you are not a convicted felon or have an injunction against you then you can.
    Answer Applies to: Florida
    Replied: 7/1/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Sounds good to me, but let me clarify: If you had a conviction in, say Kansas, and that conviction was expunged in Kansas, then it no longer exists. Therefore, you were not convicted of that crime and you can deny being convicted of it. If that was your only felony prior, then you should be able to possess a firearm in Missouri. Of course this assumes that there are no other issues that would prevent you from owning a gun.
    Answer Applies to: Missouri
    Replied: 7/1/2011
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    Under Oregon law, with some limited exceptions, it is a crime for any person who has been convicted of a felony to possess a firearm. ORS 166.270(1). However, the prohibition against possessing a firearm does not apply to a person who has had their felony record expunged under the laws of Oregon or equivalent laws of another jurisdiction. ORS 166.270(4)(b). Therefore, if you have had your felony record property expunged, you cannot be prosecuted for the crime of Felon in Possession of a Firearm under ORS 166.270(1). Keep in mind that this analysis is limited to whether a person with an expunged felony conviction is subject to criminal penalties under the Felon in Possession statute. There may be other provision of State or Federal law that could potentially prevent you from owning a firearm depending on your individual circumstances.
    Answer Applies to: Oregon
    Replied: 7/1/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Yes. Although you may need to apply to Superior court for restoration of gun rights.
    Answer Applies to: Washington
    Replied: 7/1/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    No you cannot. You must obtain a certificate of rehabilitation and a Governor's Pardon in order to possess a firearm (unless the underlying crime involved a weapon. If it did, you would never be allowed to possess a firearm).
    Answer Applies to: California
    Replied: 7/1/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    NO! Expungement has no effect on the lifetime firearm and ammo ban imposed on you by your felony conviction. The application you filed to seek expungement made that absolutely clear, go back and read it. It is even a felony for you to apply to buy a gun.
    Answer Applies to: California
    Replied: 7/1/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    No. You will need a certificate of rehabilitation to get that right back.
    Answer Applies to: California
    Replied: 7/1/2011
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