Expungement affecting LTCF?

[alq711]

I want to get my LTCF, but I'm a little unsure if I will be able to get it. I was arrested about 6 years ago with a small amount of cocaine. I have been clean since, and was placed in the ARD program which I completed, and my record was expunged. I know they can see they ARD and expungement on my record, but not sure if that will prohibit me from getting it. Furthermore, do I check yes or no when asked if I have been convicted under the controlled substance act?

[.45Kimber1911]

Federal law prevents you from purchasing a firearm with a prior drug conviction. Regardless if you completed an ARD program because they are issued on the state level. Unless you have a federal pardon, your conviction is still on your record.

[alq711]

no way around that? My husband owns guns, so I'm safe at home, but I'd really like to be able to carry

[GunLawyer001]

ARD is instead of a conviction.

[alq711]

So does that mean i was never convicted?

[OldSchoolPC]

ARD is instead of a conviction.

Gunlawyer is correct, not that there is any need whatsoever for me to point that out. I will expound on that slightly, with ARD you don't even go to a Trial. It's like it never happened, except you can't go on ARD again. Also, it will count as a second offense for sentencing purposes if you get caught a 2nd time. Since he completed the program (1 year program) and didn't screw up, he is now good to go for LTCF. There is no (valid) reason for him to be denied. If he does, easy appeal unless your in Philly...

[alq711]

Thanks for the advice and thoughts guys. I'm gonna go try and buy a gun this weekend, and if I can do that, I'm off to apply for my LTCF. I'd really hate for something I did when I was 21 and stupid to screw me for life.

[soberbyker]

Thanks for the advice and thoughts guys. I'm gonna go try and buy a gun this weekend, and if I can do that, I'm off to apply for my LTCF. I'd really hate for something I did when I was 21 and stupid to screw me for life.

One thing to keep in mind, and I'm not saying one way or another whether it will affect you, but it is possible to be able to legally buy a gun and still be denied a LTCF.


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[knight0334]

Federal law prevents you from purchasing a firearm with a prior drug conviction. Regardless if you completed an ARD program because they are issued on the state level. Unless you have a federal pardon, your conviction is still on your record.

i dont think federal pardons apply to state offenses.

And "conviction" is relavent to the jurisdiction in which the proceedings were held (see US 18.44.921). So if a PA proceeding of a PA law violation says it isnt a conviction then it isnt to federal law.

Federal says if you are an unlawful user or addict that you are prohibited. Even if you have a prior minor drug conviction, you arent prohibited unless you are still a current user/addict or the max possible sentencing exceeds statutory limits.

A prohibitor guide: http://www.nps.gov/dena/parkmgmt/upl..._1_21_2010.pdf

US Title 18, Chapter 44, Subsection 921:

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

[Wilson Guy]

Did you acyually have your lawyer file an expungement petition? If not, You should file the expungement petition through a lawyer and get the record of the arrest expunged. It costs a few bucks but just get it done.

You should expect that when you go to buy the pistol you won't get denied but you probably won't walk out the door with it either. You will probably have to wait a week while your record is researched. If the formal expungement petition was filed, you may not have to go through this.