Can You Buy a Gun After Expungement in Missouri?
Contents
Introduction
In the United States, the process of expungement varies from state to state, with some states allowing individuals to have their criminal records expunged, while others do not. Missouri is one of the states that allows expungement, but the process and the subsequent consequences are still not entirely clear to many individuals. One of the most common questions that people have after expungement is whether they can still buy a gun. In this article, we will delve into the laws regarding gun ownership after expungement in Missouri.
Background Check and Gun Ownership Laws in Missouri
In Missouri, federal law requires background checks for gun purchases, and the state has its own set of laws regarding gun ownership. Missouri has a "shall issue" policy, which means that law enforcement agencies must issue a concealed carry permit to any applicant who is legally eligible. However, even with a concealed carry permit, there are certain individuals who are prohibited from owning or possessing firearms under federal law.
Expungement Laws in Missouri
Missouri has a unique expungement process, which allows individuals to petition the court to have their criminal records expunged. The process is designed to provide individuals with a "fresh start" after they have completed their sentences and have been rehabilitated. The expungement process is governed by Missouri Revised Statutes Section 558.211, which states that an individual may petition the court to have their criminal record expunged if they have completed their sentence and have not been convicted of any other felony or misdemeanor within the previous 10 years.
Types of Crimes That Can Be Expunged
Not all crimes are eligible for expungement in Missouri. The following crimes are typically eligible for expungement:
• Misdemeanors
• Felonies that are considered "non-violent"
• Traffic violations
• City ordinance violations
Crimes that are not eligible for expungement include:
• Felonies that are considered "violent"
• Sex offenses
• Drug-related offenses
Can You Buy a Gun After Expungement in Missouri?
Now, to answer the question at the heart of this article: Can you buy a gun after expungement in Missouri? The short answer is yes, but with some caveats. Federal law prohibits individuals who have been convicted of certain crimes from owning or possessing firearms. These crimes include:
• Felonies punishable by more than one year in prison
• Misdemeanor crimes of domestic violence
• Crimes that involve the use of force or violence against the government or its officers
• Crimes that involve drug trafficking
However, an expunged record may not necessarily clear an individual of these federal prohibitions. In Missouri, an expunged record is essentially erased from the individual’s criminal history, but the court’s order of expungement does not provide legal relief from federal criminal prohibitions.
How Long Does It Take to Clear Federal Prohibitions?
The process of clearing federal prohibitions is typically more complex and lengthy than the expungement process. An individual must file a petition with the FBI, which will require the individual to provide a detailed explanation of their expungement and demonstrate that they are no longer subject to federal criminal prohibitions. The FBI will then review the petition and, if approved, will clear the individual’s record and allow them to purchase firearms.
Table: Summary of Gun Ownership Laws After Expungement in Missouri
| Before Expungement | After Expungement | |
|---|---|---|
| Eligibility | Not eligible to purchase firearms | Eligible to purchase firearms, but may require clearance from FBI |
| Background Check | Required for gun purchases | Required for gun purchases |
| Concealed Carry Permit | May not be eligible for concealed carry permit | Eligible for concealed carry permit |
Conclusion
In conclusion, while an expunged record in Missouri may erase an individual’s criminal history for state purposes, it may not necessarily clear federal prohibitions on gun ownership. An individual who has had their record expunged may still be required to file a petition with the FBI to clear their record and obtain legal relief from federal criminal prohibitions. It is essential for individuals who have had their records expunged to consult with an attorney or a law enforcement agency to determine their eligibility to purchase firearms and to understand the federal laws and regulations governing gun ownership.
