Legal Question in Criminal Law in Iowa

Expunged record, firearms

You had replied to a question that I posted that despite my record being expunged I was still unable to purchase firearms. I think you may have been incorrect. Please take a look at this.

Can an expungement help me to lawfully possess firearms?

Yes - because an expungement removes the criminal conviction or mental health record, it may have the effect of removing the disqualification placed upon a ''convicted person'' from purchasing or possessing firearms under the firearm licensing law of Georgia and under the firearm possessory law of Georgia. A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal Government recognizes State expungement. This express recognition may be found under the U.S.C.A. Title 18, 921(a)(20). Expungement of an otherwise qualifying offense also removes one from being subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban..

Under that 1986 legislation, the govt. does recognize all state expungements.


Asked on 3/19/07, 11:51 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Expunged record, firearms

A blurb about Georgia law and what a court might do there is not germane to the state of Iowa or the southern district of Iowa, protestations to the contrary.

Perhaps you can provide more details about the conviction and the expungement and the circumstances surrounding it and any prior crimes or convictions wherever they occurred and whenever they occurred going back to your birth to see whether you actually would benefit from the application of this section. You must know that it is a complicated legal question that takes into account the crime committed, the date it was committed, the circumstances and any other prior or related offenses.

I can tell you that courts are most reluctant to dismiss informations charging one as a felon in possession of a firearm once filed so the more prudent course would be to avoid the issue altogether, unless you're flush with cash and ready to place your future on the line and gamble on what a court might or might not do.

And further, the Dickerson v. New Banner Institute case has never been modified by the Supreme Court in Washington so it is the definitive ruling on the subject until such time as it is withdrawn or specifically overturned. The subsequent history of the case supports the idea that I put forth to you.

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Answered on 3/19/07, 7:36 pm


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