Do Expunged Records Show Up on NICS?
Contents
The Short Answer
The National Instant Criminal Background Check System (NICS) is a database maintained by the FBI that contains information about individuals who are prohibited from purchasing or possessing firearms. Expunged records are not necessarily guaranteed to show up on NICS, but there are some scenarios where they may still appear.
What is an Expunged Record?
An expunged record is a court-ordered record sealing or erasure of a criminal conviction or arrest record. The purpose of expungement is to remove the record of the arrest or conviction from public access, as if it never occurred. In many states, expungement can only be granted if certain conditions are met, such as a certain period of time has passed since the arrest or conviction, and the individual has not reoffended.
NICS and Expunged Records: A Complicated Issue
The NICS system is designed to flag individuals who are prohibited from possessing firearms, including those with prior convictions, arrests, or mental health issues. While an expunged record may be sealed or erased from public access, it is not automatically removed from the NICS database. The database contains information submitted by state and local authorities, and expunged records may still appear in these databases.
Expunged Records on NICS: It’s a Gray Area
| Scenario | Possible Outcome |
|---|---|
| Record Expunged by Court Order | May or may not appear on NICS |
| State Has Sealed Record | May appear on NICS, but only if the state submitted the record to NICS |
| Record is Fully Erased | Should not appear on NICS |
As shown in the table, the outcome of whether an expunged record appears on NICS depends on the specific circumstances of the expungement and the state’s reporting requirements. Even if a record is fully erased, it is still possible for the NICS system to flag the individual if the record was submitted to NICS prior to expungement.
How Expunged Records May Appear on NICS
There are several scenarios where an expunged record may still appear on NICS:
- Incomplete Expungement: If the court only seals certain portions of the record, but not all of it, the remaining information may still be available to NICS.
- State Did Not Report Expungement: If the state did not report the expungement to NICS, the record may still appear on the system.
- FBI Error: Although rare, it is possible for the FBI to make an error in their reporting, causing an expunged record to appear on NICS.
Consequences of Expunged Records on NICS
If an expunged record appears on NICS, it can have serious consequences for the individual. A gun dealer who performs a NICS check and discovers the expunged record may refuse to complete the sale of a firearm, and the individual may face criminal charges for attempting to purchase a firearm while having a prohibited record.
What You Can Do to Clear Your Name
If you have an expunged record that is still showing up on NICS, there are steps you can take to correct the issue:
- Contact the FBI: You can contact the FBI’s NICS department to request a correction. Provide them with a copy of your court-ordered expungement and any supporting documentation.
- Contact Your State Authorities: Reach out to your state’s criminal justice department or the agency that handled your case to report the error and request that they submit an update to NICS.
- Seek Legal Assistance: Consider hiring an attorney who specializes in firearms law to help you navigate the process and ensure your rights are protected.
Conclusion
In conclusion, expunged records do not always disappear from the NICS system. While the goal of expungement is to remove a criminal record from public access, the NICS database may still contain information about the record. If you have an expunged record that is showing up on NICS, it is essential to take steps to correct the error and ensure your rights are protected. By understanding how expunged records may appear on NICS and what steps you can take to clear your name, you can maintain your Second Amendment rights and protect your privacy.
