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I Had my Record Expunged: Can I Apply for a Gun Permit?

August 23, 2013

People seek expungements of their criminal records for a variety of reasons.  Often, individuals seek to expunge their records in order to apply for gun permits.  We often receive calls from clients inquiring as to whether or not an expungement will make them eligible for a federal or New Jersey gun permit.  The answer is yes.  An expungement will allow you to obtain both a federal and New Jersey gun permit.

Questions 19 and 20 on the New Jersey Firearms Application Form ask if you have ever been convicted of a disorderly persons offense (misdemeanor) or crime (felony).  Once your conviction is expunged, however, you do not need to disclose it in response to these questions.  If fact, the questions themselves specifically exclude records that have been “expunged or sealed.”  Thus, expunged convictions will not be held against you.  Additionally, your expungement will remove any federal firearms impediments resulting from the New Jersey conviction.  This is because, pursuant to Title 18, Section 921(a)(2) of the United States Code, an expunged conviction is not considered a conviction for purposes of that section unless the expungement specifically mandated that the individual not possess firearms.

On the other hand, question 27 on the New Jersey Firearms Application Form asks if you have ever had a firearms license refused or revoked.  If the reason why your license was previously refused or revoked was due to a matter that was subsequently expunged, you would have to disclose that information.

If you have questions about eligibility or the expungement process in New Jersey, contact the experienced expungement lawyers at the Law Office of Randolph H. Wolf today.

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By way of disclaimer, I must advise you that the purpose of this blog is not to provide legal advise and I am not doing so. I do not generally police this blog and I have no way of knowing whether the information that anyone else posts is accurate. Also keep in mind that laws and regulations change frequently and anything you read may be out of date.

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