Can i get a ccw???

[bdymanmike]

I recently had a felony expunged of my record in Michigan...Ive talked to Michigan state police and it has been taken down..Now the question is 2 weeks ago in Mississippi i applied for a ccw license .Am i eligible since my felony has been expunged ?

[B2Tall]

Good luck but it sounds like an interstate nightmare is brewing. It can't hurt to try but MS might want proof from MI that all is good. Also, I'm not sure if expungement restores your rights.....that might be a separate process.

[bdymanmike]

Well i do have proof sealed and stamped from Michigan state police. I did call back and they told me i was able to purchase a gun they ran my name so i would hope if they said i can buy a gun surely i would be able to get a ccw and carry one...

[Phillip Gain]

Firearms Permit Unit - > § 45-9-101. License to carry concealed pistol or revolver.

Here is the law. Consult an attorney in Mississippi who is competent in firearms law.

It's a little unclear, to me. Felony convictions are addressed in section (2)(d):

Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;

It doesn't mention expungement...just pardons. This could be significant, because of what we find later in section (3):

The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.

So from a layman's point...it almost seems that felonies need to be pardoned, while misdemeanors can be expunged.

BUT...I don't understand the finer points of difference between these two concepts. So you'd best consult an attorney.

You could also just apply and take your chances...but that can bite you in the ass later, if you have the classic "Have you ever had a license denied for any reason?" question.

[bdymanmike]

No never had no license denied never applied just applied here in ms 2 weeks ago...And this felony was arson 20 years ago and like i had mentioned the courts expunged it for me i then contacted Michigan state police asking if i can buy a gun he then say yes i am eligible now,...

[tuts40]

A-t-t-o-r-n-e-y.

[bdymanmike]

Well i guess i will get a attorney if my request comes back denied...We will see in about 30 days ..i hope it comes in the mail...

[snatale42]

Well i do have proof sealed and stamped from Michigan state police. I did call back and they told me i was able to purchase a gun they ran my name so i would hope if they said i can buy a gun surely i would be able to get a ccw and carry one...

You've changed your wording. There is a BIG difference between expunged and sealed!

SEALED - Can't be used against you by civilians (job apps and criminal checks) and only viewable by LE and the court system.
EXPUNGED - Never happened, can't be used against you by ANYBODY.

A Sealed felony WILL stop you from getting a permit.

[bdymanmike]

i have a seal on a paper that the courts have sent me telling me it has been expunged...But the felony has been expunged..So then your telling me i will be able to get this then?

[NavyLCDR]

i have a seal on a paper that the courts have sent me telling me it has been expunged...But the felony has been expunged..So then your telling me i will be able to get this then?

We are telling you to ask a lawyer. Phillip Gain made a very good point about Mississippi law, the felony only be expunged without a subsequent restoration of rights or pardon may not be enough in Mississippi. Wait and see if you are denied and prepare to hire an attorney if you are denied.