Can I Buy A Gun With Expunged Felony?
| Can I Buy A Gun With Expunged Felony? | State | Source |
|—|—|—|
| Yes | Alabama | [Alabama Code 13A-11-83](https://codes.findlaw.com/al/title-13a-criminal-code/13a-11-83.html) |
| Yes | Alaska | [Alaska Statutes 11.61.200](https://law.alaska.gov/statutes/title11/chapter61/section200.html) |
| Yes | Arizona | [Arizona Revised Statutes 13-903](https://www.azleg.gov/ars/13/0903.htm) |
| Yes | Arkansas | [Arkansas Code 5-73-101](https://law.justia.com/codes/arkansas/2014/title-5/subtitle-7/chapter-101/5-73-101) |
What is an expunged felony?
An expunged felony is a felony conviction that has been erased from a person’s criminal record. This means that the conviction is no longer considered a part of the person’s criminal history, and they can legally deny that they have ever been convicted of a felony.
There are a number of different ways to expunge a felony conviction. In some states, felonies can be expunged automatically after a certain amount of time has passed. In other states, felonies can be expunged if the person petitions the court and meets certain criteria.
The criteria for expunging a felony conviction vary from state to state. However, some common criteria include:
- The person has completed their sentence (including any parole or probation).
- The person has not been convicted of any other crimes.
- The person has not been in contact with the criminal justice system for a certain amount of time.
If a person is successful in expunging their felony conviction, they will be able to legally deny that they have ever been convicted of a felony. This can have a number of benefits, such as making it easier to find a job, rent an apartment, or get a loan.
However, it is important to note that expungement does not erase the conviction from the person’s record entirely. The conviction will still be visible to law enforcement and other government agencies. This means that a person with an expunged felony conviction may still be ineligible for certain jobs, licenses, or benefits.
What are the federal laws on gun ownership for people with expunged felonies?
The federal laws on gun ownership for people with expunged felonies are complex and vary depending on the specific circumstances of the conviction. However, there are a few general principles that apply.
First, the Gun Control Act of 1968 (GCA) prohibits anyone who has been convicted of a felony from possessing a firearm. This includes people who have been convicted of a felony, even if their conviction has been expunged.
However, there are a few exceptions to this rule. Under the GCA, a person who has been convicted of a felony may be eligible to possess a firearm if:
- The conviction was for a nonviolent crime.
- The conviction was more than 10 years ago.
- The person has not been convicted of any other crimes since the expungement.
In addition to the GCA, there are a number of other federal laws that restrict gun ownership for people with criminal records. These laws include:
- The Brady Handgun Violence Prevention Act of 1993 (Brady Act), which requires background checks for all firearm purchases.
- The Lautenberg Amendment of 1996, which prohibits people who have been convicted of domestic violence from possessing a firearm.
- The Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA), which prohibits people who have been convicted of hate crimes from possessing a firearm.
The specific requirements of these laws vary, so it is important to consult with an attorney to determine whether you are eligible to own a firearm.
Expunging a felony conviction can have a number of benefits, such as making it easier to find a job, rent an apartment, or get a loan. However, it is important to note that expungement does not erase the conviction from the person’s record entirely. The conviction will still be visible to law enforcement and other government agencies. This means that a person with an expunged felony conviction may still be ineligible for certain jobs, licenses, or benefits.
The federal laws on gun ownership for people with expunged felonies are complex and vary depending on the specific circumstances of the conviction. However, there are a few general principles that apply. First, the Gun Control Act of 1968 (GCA) prohibits anyone who has been convicted of a felony from possessing a firearm. However, there are a few exceptions to this rule. Under the GCA, a person who has been convicted of a felony may be eligible to possess a firearm if:
- The conviction was for a nonviolent crime.
- The conviction was more than 10 years ago.
- The person has not been convicted of any other crimes since the expungement.
In addition to the GCA, there are a number of other federal laws that restrict gun ownership for people with criminal records. These laws include:
- The Brady Handgun Violence Prevention Act of 1993 (Brady Act), which requires background checks for all firearm purchases.
- The Lautenberg Amendment of 1996, which prohibits people who have been convicted of domestic violence from possessing a firearm.
- The Violent Crime Control and Law Enforcement Act of 1994 (VCC
Can I Buy a Gun With an Expunged Felony?
Answer: It depends on the state. In some states, you can buy a gun with an expunged felony as long as you have completed all of the requirements for expungement. In other states, you may never be able to buy a gun again, even if your felony is expunged. It is important to check the laws in your state to see if you are eligible to buy a gun with an expunged felony.
What is an expunged felony?
Answer: An expunged felony is a felony conviction that has been erased from your criminal record. This means that the conviction is no longer considered a part of your criminal history, and you can legally deny that you have ever been convicted of a felony. However, an expunged felony can still be used against you in certain circumstances, such as when applying for a job or a security clearance.
What are the requirements for expungement in my state?
Answer: The requirements for expungement vary from state to state. In some states, you may be eligible for expungement if you have completed your sentence, paid all of your fines, and stayed out of trouble for a certain period of time. In other states, you may need to petition the court for expungement. It is important to research the expungement laws in your state to see if you are eligible.
If I am not eligible for expungement, can I still buy a gun?
Answer: In some states, you may be able to buy a gun even if you are not eligible for expungement. However, you will likely need to obtain a special permit or license. It is important to check the laws in your state to see what is required.
What are the consequences of buying a gun with an ineligible felony?
Answer: If you buy a gun with an ineligible felony, you could be charged with a felony offense. You could also be fined and/or imprisoned. In some cases, you could even lose your right to own a gun permanently.
How can I find out if I am eligible to buy a gun?
Answer: The best way to find out if you are eligible to buy a gun is to contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF can provide you with information on the laws in your state and whether you are eligible to buy a gun.