Legal Question in Criminal Law in Iowa
Deferred Judgement
I received and completed a deferred judgement on a felony charge in Iowa. The record is completely expunged with no judgement ever entered. Will I have any issues with the purchase of firearms?
1 Answer from Attorneys
Re: Deferred Judgement
Yes, you will. You are barred from possessing firearms under federal law.
Under Iowa law proof of a felony conviction is required to charge a person as a felon in possession of a firearm and a deferred judgment cannot cannot serve as proof of a prior felony. See State v. Walton, 311 N.W.2d 110 (Iowa 1981).
However, with respect to federal law, the United States Supreme Court held in Dickerson v. New Banner Institute, 460 U.S. 103 (1983) that a state's definition of a conviction does not control the application of federal law, in particular 18 USC 922(g) which prohibits felons from possessing firearms. In Dickerson, it was an Iowa deferred judgment that was at issue.
You can apply to the secretary of the treasury for an exemption, but I do not know how successful it would be.
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