Nonviolent felony expunged in CA., gun purchase in OK

[Cheri]

My daughter had a nonviolent felony from Calif. expunged after 15 years. What does she answer on the form to purchase a gun "Do you have any felonies?" ??

 

[SMS]

The instructions on the 4473 allow persons who have expungements to answer no IF the jurisdiction where they were convicted does not prohibit them from receiving or possessing firearms as a result of the conviction.

 

[Glocktogo]

My daughter had a nonviolent felony from Calif. expunged after 15 years. What does she answer on the form to purchase a gun "Do you have any felonies?" ??

She can and should avail herself of an attorney well versed in the matter. Technically an expungement means for all practical purposes that the conviction didn't happen. However for certain federally controlled transactions, it can still show up and be used to deny the petition.

While the FBI and BATFE almost never investigate 4473 violations, it may cause her to be denied the purchase. https://ucr.fbi.gov/nics/appeals/nics-guide-for-appealing
https://www.fbi.gov/services/cjis/n...inal-background-check-system-nics-appeals-vaf

Is she in CA or OK now? If in CA, she'll also have to contend with the CA state firearms unit: https://oag.ca.gov/firearms

Thank God we Okies don't have to deal with that BS!

 

[MacFromOK]

I was told by a Texas attorney that a felony expungement can cause more problems than it solves.

The reason being that an expungement only affects State records. So if the Feds have already picked up on your conviction, they still have a record of it.

And the kicker is that you no longer have any State records available to help clear the Federal one.

Once again, I am not a lawyer.

 

[TerryMiller]

I was told by a Texas attorney that a felony expungement can cause more problems than it solves.

The reason being that an expungement only affects State records. So if the Feds have already picked up on your conviction, they still have a record of it.

And the kicker is that you no longer have any State records available to help clear the Federal one.

Once again, I am not a lawyer.

This could be very true. I used to deal with putting an expungement on a criminal record. Once that was done, there was a code put in that indicated (at least to us) a not guilty plea and reference to case dismissed and no other disposition. However, even with the expungement, most of those still left the arrest on the record, and if it was reported as a felony charge when first created. that reference was still there.

 

[allmac]

Cheri - Please clarify what you mean by “expunged”.

I am a former Californian who was granted a 13B by the court which restored all of my rights except my right to contract with the CA state lottery board.

On a 4473 I mark “no” to the felon question.

However, there are other types of “expungements” in CA law that SPECIFICALLY DO NOT RESTORE your daughter’s FIREARM RIGHTS.

To the best of my knowledge ( IANAL ), the 13B and the Governor’s Pardon are the only types of “expungements” the DO restore gun rights.