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  1. #1
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    Sep 2010
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    Default Purchasing a Firearm After Expungement

    Hello:

    I had an expungment in WA state and now live in MI. I want to purchase a firearm in Michigan but am getting conficting info. I spoke with 2 michigan attorneys and they stated that it is as if it never happened if it was expunged. I spoke with the NICS/FBI who do the actual checks and they say that this is not the case. That I need a pardon from the govenor of Washinton State. My attorney from WA who helped me said that I need to check with a Michigan attorney which I already had. The lady at the NICS/FBI said it is still on my record and that expungment only removes it from Washington State. I looked at WA State Patrol website and it is indeed gone. I am very confused now since I understood it would be updated from WA to the federal databases. It was a class C felony 13 years ago. Washington state requires that you get your firearm rights restored to get a firearm in Washinton but my understanding was that it did not apply to outside WA.

    Any guidance would be appreciated.

  2. #2
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    Default Re: Purchasing a Firearm After Expungement

    Having a charge expunged from your records is not of itself a full restoration of your rights. You appear to have been told that your Washington expungement did not fully restore your rights and that you must first obtain a pardon that fully restores your rights before you can purchase a firearm.

  3. #3
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    Default Re: Purchasing a Firearm After Expungement

    As far as the feds are concerned, expungements do not cancel the fact that you are a felon with respect to gun issues.

  4. #4
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    Default Re: Purchasing a Firearm After Expungement

    The question is whether the expungement fully restores your civil rights; in most states it does not.

  5. #5
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    Default Re: Purchasing a Firearm After Expungement

    Follow the instructions on the FBI NCIC website which involves getting the form and fingerprint card, have your fingerprints taken, and send the packet to the FBI who will then provide your NCIC record.

    If the conviction is in the record, you will not pass a background check to purchase a weapon and if you get one another way, you will be subject to federal prosecution of a felon in possession of a firearm. Possession of ammunition alone is a federal felony.

    And that felony you will never get expunged. Imagine that coming up in future employment checks.

    Do you really want to own a gun that bad?

  6. #6
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    Default Re: Purchasing a Firearm After Expungement

    does WA even have an expungement process? A pardon does not erase the charge, it just relieves the person of the sentance.

  7. #7
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    Default Re: Purchasing a Firearm After Expungement

    Quote Quoting Mr. Knowitall
    View Post
    The question is whether the expungement fully restores your civil rights; in most states it does not.
    The question was OUTSIDE the state in which he was convicted. As I stated, as far as the feds are concerned and if anybody is going to rely on the feds, is there is NO RESTORATION OF RIGHTS to firearms after felonies DESPITE what any individual state may be.

  8. #8
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    Default Re: Purchasing a Firearm After Expungement

    That's not correct. If you have your state rights fully restored following your state conviction, your federal rights follow from that restoration. The catch is, even a minor omission in the restoration of what the feds deem your full civil rights will keep the disqualification in place - e.g., a continued bar on your eligibility for jury service. See 18 USC 921(a)(20):
    Quote Quoting 18 USC 921(a)(20) - Definitions
    (a) As used in this chapter -
    * * *

    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include -
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or


    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

    * * *

  9. #9
    Join Date
    Sep 2010
    Posts
    2

    Default Re: Purchasing a Firearm After Expungement

    Hello:

    I am in the process of getting the firearm rights restored and I was told by the same attorney that did the expungment that in these cases the feds follow state law. The attorney also said that I maybe able to purchase a firearm in Michigan and it may clear the background check but it would be considered illegal because in WA State you must have the right restored. Hmmm.

    It is frustrating that there seems to be so much confusion on this issue.

    Thanks

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