QUESTION
Can I own a firearm if my criminal record has been reduced and expunged?
Asked on Oct 28th, 2014 on Criminal Law - New Mexico
More details to this question:
My brother was convicted of California Penal Code section 422 back in 1998. He never went to prison - only got probation. Later, after some years, he went back to court and had his charge reduced and also expunged. Now he lives in New Mexico. Since his California record has been reduced and expunged, can he legally own a firearm in New Mexico? He has had no other legal issues whatsoever. Thank you.
1 ANSWER
I don't believe that records are ever "expunged." That is, charges and convictions remain in the NCIC and no matter what directive a court may enter, you can't wash it clean and sanitize it. You can't unring a bell. Especially given the posture of federal firearms laws and the database the feds have access to.
Answered on Oct 29th, 2014 at 11:01 AM