Expungement and Firearms Permit Applications in New Jersey

Can an Expungement Help You Obtain a Firearms Permit in New Jersey?

A prior arrest or criminal conviction can create significant issues when applying for a firearms permit in New Jersey. Depending on the nature of the record, an applicant may be prohibited from obtaining a Firearms Purchaser Identification Card, a permit to purchase a handgun, or another firearms permit.

For some individuals, obtaining an expungement may remove a criminal conviction or other record that would otherwise present an obstacle to firearms eligibility. However, an expungement does not automatically guarantee that a firearms application will be approved.

New Jersey firearms and expungement laws involve separate legal standards. As a result, anyone considering an expungement for purposes of obtaining a firearms permit should determine both whether the criminal record qualifies for expungement and whether any other basis for firearms disqualification remains.

The attorneys at the Tormey Law Firm represent individuals throughout New Jersey in expungement matters, firearms permit applications, and appeals from firearms permit denials.

How Can a Criminal Record Affect a New Jersey Firearms Application?

New Jersey law imposes a number of restrictions on who may obtain a firearms permit. N.J.S.A. 2C:58-3 identifies circumstances that can disqualify an applicant from receiving a Firearms Purchaser Identification Card or permit to purchase a handgun.

A criminal conviction is one potential basis for disqualification, but it is not the only one. An applicant’s history may also raise issues involving domestic violence, restraining orders, certain juvenile matters, mental health history, substance-related concerns, or other statutory disqualifications.

Because firearms eligibility depends on more than whether an applicant has a criminal conviction, clearing a criminal record does not necessarily resolve every issue that may arise during the application process.

Can You Expunge a Criminal Record Before Applying for a Gun Permit?

Potentially, yes.

New Jersey law permits many arrests, charges, disorderly persons offenses, and indictable convictions to be expunged when the statutory requirements are satisfied. Eligibility depends upon the particular record, the offense involved, the applicant’s complete criminal history, and the applicable waiting period.

If the criminal record creating a firearms issue is eligible for expungement, obtaining an expungement may be an important step before pursuing a firearms application.

However, the expungement should be fully processed before assuming that the underlying record will no longer create an issue during a firearms background check.

Should I Wait Until My Expungement Is Completed Before Applying for a Firearms Permit?

This is particularly important in New Jersey.

Obtaining an order granting an expungement and having that expungement fully implemented are not necessarily the same thing. After an expungement order is entered, the appropriate agencies must process the order and update their records.

Accordingly, an individual should not assume that a criminal record has been cleared for firearms-background-check purposes merely because a court has entered an expungement order.

Applying for or attempting to purchase a firearm while a disqualifying record remains visible in the applicable criminal-history systems can create additional problems. For that reason, the status of the expungement should be carefully considered before proceeding with a firearms application or purchase.

Does an Expungement Automatically Restore Your Firearms Rights?

No. An expungement can be extremely important, but it should not be viewed as an automatic restoration of firearms rights in every case.

The effect of an expungement depends upon the particular reason the individual was disqualified in the first place. If an eligible criminal conviction was the issue, expunging that conviction may remove a significant legal obstacle.

Other statutory grounds for denial may still exist, however. The police and courts reviewing firearms applications are required to consider the standards contained in New Jersey’s firearms laws independently of the expungement statutes.

For this reason, the proper analysis involves two questions: whether the underlying record can be expunged and whether the applicant will otherwise satisfy New Jersey’s requirements for obtaining the requested firearms permit.

Can Police Consider an Expunged Record When Reviewing a Firearms Application?

This is an area in which New Jersey law has developed significantly.

An expungement generally limits access to and use of the records covered by the expungement order. Nevertheless, New Jersey appellate courts have addressed circumstances in which information concerning expunged matters may be considered in connection with firearms licensing.

Accordingly, it would be inaccurate to assume that obtaining an expungement means the circumstances surrounding an old matter can never become relevant to a future firearms application.

The effect of an expunged record must be evaluated in light of the current firearms statutes and applicable case law. This is particularly important when a firearms application is denied and the applicant is considering an appeal.

What Is the “Character or Temperament” Standard in New Jersey?

New Jersey firearms law contains several specific grounds that may disqualify an individual from obtaining a firearms permit. One provision, N.J.S.A. 2C:58-3(c)(5), addresses whether an applicant possesses the essential character of temperament necessary to be entrusted with a firearm.

Whether this provision applies depends upon the particular facts and circumstances involved. A firearms application may require consideration of information beyond the existence of a criminal arrest or conviction, and any basis for denial must be evaluated under the standards contained in New Jersey’s current firearms laws.

This issue can become particularly important when an applicant has an old criminal matter that was dismissed, resolved without a disqualifying conviction, or subsequently expunged.

What Types of Criminal Records Can Be Expunged?

New Jersey provides several forms of expungement relief depending upon how the underlying case was resolved.

An arrest or charge that did not result in a conviction may qualify for expungement. Records associated with successful completion of certain diversionary programs may also become eligible after the applicable statutory period.

Disorderly persons and petty disorderly persons convictions may qualify for expungement under certain circumstances, as may many indictable criminal convictions.

New Jersey also provides Clean Slate relief for qualifying individuals with more extensive criminal histories after the applicable statutory requirements have been satisfied.

Certain offenses are excluded from expungement. Therefore, the specific statute of conviction and the applicant’s entire criminal history should be reviewed before determining whether an expungement is available.

What Happens After an Expungement Is Granted?

Once the court grants an expungement, the order must be implemented by the agencies that maintain the affected records.

This step is particularly significant for someone seeking an expungement because of a future firearms application. A court order that has not yet been fully processed may not immediately eliminate a record from the databases used during a firearms background investigation or background check.

An applicant should therefore distinguish between an expungement that has been granted by the court and one that has been fully processed by the appropriate agencies.

Can You Appeal a Firearms Permit Denial After an Expungement?

Yes. If a New Jersey firearms permit application is denied, the applicant may have the right to challenge that determination.

The reason given for the denial is extremely important. A denial based upon an alleged criminal-history disqualification presents different issues from one based upon another provision of New Jersey’s firearms laws.

When the applicant previously obtained an expungement, the attorney handling the appeal can evaluate the status and effect of the expungement, the information relied upon by the issuing authority, and whether the stated basis for denial is supported under current New Jersey law.

Because deadlines apply to firearms appeals, an individual who receives a denial should seek legal advice promptly.

Should You Obtain an Expungement Before Applying for a Gun Permit?

For someone with an eligible criminal record that may interfere with a firearms application, completing the expungement process before applying may be appropriate.

The correct approach depends upon the individual’s history. Before proceeding, it may be necessary to determine:

• What appears on the applicant’s criminal record;
• Whether the record is eligible for expungement;
• Whether the record creates a firearms disqualification;
• Whether another statutory disqualification exists;
• Whether an existing expungement has been fully processed; and
• Whether the individual has previously been denied a firearms permit.

Reviewing these issues in advance can help identify potential problems before an application is submitted.

New Jersey Expungement and Firearms Permit Attorneys

If an old arrest or conviction is affecting your ability to obtain a firearms permit in New Jersey, an expungement may provide a path toward addressing the underlying criminal record. However, expungement eligibility and firearms eligibility are separate issues, and clearing a record does not guarantee that a permit will be issued.

The attorneys at the Tormey Law Firm handle both New Jersey expungements and firearms matters. We can review your criminal history, determine whether the record may be eligible for expungement, evaluate how it may affect your firearms eligibility, and represent you if your firearms application has been denied.

Contact the Tormey Law Firm to discuss your criminal record, expungement options, and New Jersey firearms permit matter.