QUESTION

Can I purchase a gun in NJ if my mental health record is expunged?

Asked on Jul 02nd, 2013 on Expungements - New Jersey
More details to this question:
I'd also like to know how much does it cost to expunge a mental health record?
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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i have never heard of an expungement of a mental helath record. the expungement statute is written for the expungement of certain criminal convictions, arrests, etc.  do you have a statute notation for the expungement of mental health records ? in NJ, i do not believe you would be able to obtain a 'firearms' purchaser id' with mental health record. ed dimon, esq.
Answered on Jul 02nd, 2013 at 4:07 PM

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Waynice Green
  If you plan on hiring an attorney to handle the matter for you, the price is really dependent upon the attorney.  Also, if and when you are granted the expungement, you can apply for a permit, though I cannot tell you whether or not your request will be granted.  I have cited the applicable law below.  Applications for permits to purchase a handgun and for firearms purchaser identification cards shall be in the form prescribed by the superintendent and shall set forth the name, residence, place of business, age, date of birth, occupation, sex and physical description, including distinguishing physical characteristics, if any, of the applicant, and shall state whether the applicant is a citizen, whether he is an alcoholic, habitual drunkard, drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), whether he has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim or permanent basis, giving the name and location of the institution or hospital and the dates of such confinement or commitment, whether he has been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, giving the name and location of the doctor, psychiatrist, hospital or institution and the dates of such occurrence, whether he presently or ever has been a member of any organization which advocates or approves the commission of acts of force and violence to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey, whether he has ever been convicted of a crime or disorderly persons offense, whether the person is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm, and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. For the purpose of complying with this subsection, the applicant shall waive any statutory or other right of confidentiality relating to institutional confinement. The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with him. N.J. Stat. § 2C:58-3  
Answered on Jul 02nd, 2013 at 3:59 PM

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