LTCW with out of state felony expungement.

**Shouldabeenacowboy** · September 24th, 2022, 09:38 PM

I’ve searched all over and one post was close but not clear.

I had a NJ felony possession conviction 9 years ago. I received a full expungement and am now only waiting on NJSP to update the NICS system (should be a month yet) . I’ve since moved to PA and want to know if I will have any issues getting a LTCF.

The other member had the same situation, but didnt say how he answered the questions on the application regarding “have you ever been convicted…” and then he ghosted.

Does anyone have actual experience with an out of state expungement? Or have some concrete answers? Appreciate it!

**Walleye Hunter** · September 25th, 2022, 06:57 AM

IIRC, our member, t1066 has some knowledge of that.

**Shouldabeenacowboy** · September 25th, 2022, 08:03 AM

Thanks, i*ll reach out.

**t1066** · September 25th, 2022, 07:33 PM

The way I was told to answer was no, because my prohibiting conviction was converted into a non-prohibiting conviction. Also, I don't know if this makes a difference, but my offense didn't match any of the elements of a prohibiting PA offense, so the prohibition in PA was based on being prohbitited in ID.

But I'm not a lawyer. If I were you, I'd buy an hour of Gunlawyer001's time and give him your information to make sure you've got all your *I*s dotted and *t*s crossed.

**ray h** · September 25th, 2022, 08:07 PM

I was told by the judge and my attorney that my Maryland expungement allowed me to answer NO to the questions "have you ever been convicted or arrested". That was over 20 years ago and I have been answering NO ever since, with no bad consequences. According to my judge, the expungement is basically a court order instructing anyone who has records of the arrest and /or conviction, to destroy those records. I actually received a letter from the court telling me to destroy any records I had of my arrest.
That's just my experience, your mileage may differ.

**Shouldabeenacowboy** · September 25th, 2022, 08:11 PM

Originally Posted by t1066

The way I was told to answer was no, because my prohibiting conviction was converted into a non-prohibiting conviction. Also, I don't know if this makes a difference, but my offense didn't match any of the elements of a prohibiting PA offense, so the prohibition in PA was based on being prohbitited in ID.

But I'm not a lawyer. If I were you, I'd buy an hour of Gunlawyer001's time and give him your information to make sure you've got all your *I*s dotted and *t*s crossed.

Would LOVE to do that.

**Shouldabeenacowboy** · September 25th, 2022, 08:12 PM

Thanks, thats the gist i’m getting.

**Shouldabeenacowboy** · September 25th, 2022, 08:49 PM

Originally Posted by ray h

I was told by the judge and my attorney that my Maryland expungement allowed me to answer NO to the questions "have you ever been convicted or arrested". That was over 20 years ago and I have been answering NO ever since, with no bad consequences. According to my judge, the expungement is basically a court order instructing anyone who has records of the arrest and /or conviction, to destroy those records. I actually received a letter from the court telling me to destroy any records I had of my arrest.
That's just my experience, your mileage may differ.

This is true, with two exceptions, the FBI never actually destroys the records. I believe they seal them. And there’s a clause that says you have to disclose it under these circumstances:

-If the petitioner subsequently applies for another expungement,
-If the petitioner subsequently applies for acceptance into a diversionary program in the New Jersey Courts, or
-If the individual is seeking employment in the judicial branch or with a law enforcement or corrections agency

So being that the records are never actually gone. I’m afraid if they’re seen by someone and I answer “no” they could deny me on the character clause.

**ray h** · September 25th, 2022, 09:45 PM

Originally Posted by Shouldabeenacowboy

This is true, with two exceptions, the FBI never actually destroys the records. I believe they seal them. And there*s a clause that says you have to disclose it under these circumstances:

-If the petitioner subsequently applies for another expungement,
-If the petitioner subsequently applies for acceptance into a diversionary program in the New Jersey Courts, or
-If the individual is seeking employment in the judicial branch or with a law enforcement or corrections agency

So being that the records are never actually gone. I*m afraid if they*re seen by someone and I answer *no* they could deny me on the character clause.

It may be true that the Feds don't destroy the records, I think they do what they damn well please whether it's lawful or not, and I don't believe you have to disclose your record to anyone whether they are government or else. As I said, the judge told me(in a court order) to destroy any records I had and not to disclose it. On the court order was a list of people and departments who were ordered to do the same. The ATF was on the list because it was a firearms charge and they received info on it (I would assume for statistical purposes). Whether they actually did destroy them, I would guess NO, because no hick Judge from Hagerstown MD is going to tell them what to do.
Anyway, since then, I've passed a more stringent background check then most LEOs and federal workers go through, so there's that.
Do what you feel comfortable with, is my advice.

EDIT: Ok, had to look it up, states are different in how they handle expungements. Some states issue court orders to "seal" the records, some states issue court orders to "destroy" the records. MD specifically said to "destroy" all records. The way it was described to me, I'm in violation of the court order right now just by discussing it (maybe not because I haven't specifically mentioned what it was but you get the idea).