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Old November 28th, 2021, 01:08 AM #1
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Expungment and nics

Okay I just helped a friend who is pretty computer illiterate get an expungment on a weed charge. He has not gotten any of the paperwork yet but the case is off the judiciary search. He is not interested in handguns, he just wants a rifle to hunt with.

Does anyone know if or how long the nics takes to clear? I have read a few threads here about the expungment stuff, in fact its what made me look in to it for him. But I have not seen anyone talk about the nics check, just the hql.
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Old November 28th, 2021, 01:16 AM #2
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I know a guy who had a domestic violence/assault charge expunged. I think he was charged but not convicted. When he applied for md w&c the trooper investigating him knew about the expunged charge.
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Old November 28th, 2021, 01:46 AM #3
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An expungement should purge all records if in fact it was a "full" expungement from the court on all counts. Although I would allow 6-8 months for all departments to record and remove. If not removed as the previous poster stated, then reach back out to the court and agency still having record and advise them and show the documentation that it was.
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Old November 28th, 2021, 03:24 AM #4
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As long as the recipient does not fall into the various forbidden categories of criminal or psychiatric exclusions, he can receive or be loaned a long gun from immediate family members, defined as:

“IMMEDIATE FAMILY MEMBER” MEANS A SPOUSE, A PARENT, A
STEPPARENT, A GRANDPARENT, A STEPGRANDPARENT, AN AUNT, AN UNCLE, A
SIBLING, A STEPSIBLING, A CHILD, A STEPCHILD, A GRANDCHILD, A
STEPGRANDCHILD, A NIECE, OR A NEPHEW, AS RELATED BY BLOOD OR MARRIAGE.

Presumably he is not at present addicted to, or a habitual user of, a controlled substance.
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Old November 28th, 2021, 06:02 PM #5
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"weed charge" unless it was possession with intent or distributing, would not cause a NICS fail. If he had several, it could trigger the habitual user, but a single charge would not.
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Old November 28th, 2021, 06:04 PM #6
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Originally Posted by Johnconlee View Post
I know a guy who had a domestic violence/assault charge expunged. I think he was charged but not convicted. When he applied for md w&c the trooper investigating him knew about the expunged charge.
The police are allowed the maintain their records, with limitations. The expungement is for the courts.

Rather the police should hold it against someone...that's a different story. But they can certainly be aware of it in most cases.
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Old November 28th, 2021, 07:42 PM #7
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Quote:
Originally Posted by Name Taken View Post
"weed charge" unless it was possession with intent or distributing, would not cause a NICS fail. If he had several, it could trigger the habitual user, but a single charge would not.
At this point I dont remember what the exact charge was, but it was like 12-15 years ago, and was a max of 2 years iirc. I know a lot of the laws changed when it came to weed stuff over the last few years. He may not be prohibited now due to those changes.
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Old November 28th, 2021, 07:51 PM #8
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Quote:
Originally Posted by deathracer View Post
An expungement should purge all records if in fact it was a "full" expungement from the court on all counts. Although I would allow 6-8 months for all departments to record and remove. If not removed as the previous poster stated, then reach back out to the court and agency still having record and advise them and show the documentation that it was.
An expungement takes time, and the person granted receives copies of the certification from every department that had a record when it is done properly. If he was just not convicted but truly not expunged it would remain a searchable record but irrelevant to decision making process.
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Old November 28th, 2021, 08:13 PM #9
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Quote:
Originally Posted by Name Taken View Post
The police are allowed the maintain their records, with limitations. The expungement is for the courts.

Rather the police should hold it against someone...that's a different story. But they can certainly be aware of it in most cases.
He was surprised they knew. I was surprised they admitted knowing. Im not sure if he got the permit. Last I heard they were calling references.
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Old November 28th, 2021, 08:44 PM #10
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Quote:
Originally Posted by Johnconlee View Post
I know a guy who had a domestic violence/assault charge expunged. I think he was charged but not convicted. When he applied for md w&c the trooper investigating him knew about the expunged charge.
The government, at all levels, does not destroy data. They may remove it from public view by numerous methods but, they never destroy the data they have.
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