Expert: Robert P. Firriolo - 12/3/2008

Question
QUESTION: i was charged with sale of a firearm @ 17 n convicted got 5 yrs probation ran a background check nothing comes back on no conviction on my socail sercurity my old address are on ther but it said no conviction found u think i can get my permit 2 work armed guard?i was chardeg n convicted b 4 18 n newyork city

ANSWER: Criminal sale of a firearm is a felony in New York.

Under the federal Gun Control Act, a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year is prohibited from possessing firearms or ammunition. However, a person is not considered "convicted" for federal Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

If a juvenile charged with a crime was given youthful offender status by the court, the conviction must be deemed vacated and replaced by a youthful offender finding. (NYS Criminal Procedure Law sec. 720.20 (3)). A youthful offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification of any person so adjudged to hold public office or public employment or to receive any license granted by public authority. (NYS Criminal Procedure Law sec. 720.35 (1)).

Therefore, a youthful offender finding should not make one a prohibited person under federal law, and does not operate to automatically disqualify one from a handgun license in New York.

To work as an armed security guard in New York, one must apply for a handgun license. The license application asks about arrests and convictions. Any question that is not answered truthfully may subject the applicant to criminal charges and will likely result in the denial of the license. The criminal databases that will be searched in processing the application will likely reveal any arrests and convictions, even juvenile. A record that was sealed or expunged may be inaccessible by the public, but that does not mean that law enforcement agencies do not have access. NYS Criminal Procedure Law sec. 160.50 (1)(d)(iii) specifically makes sealed criminal records available to "any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license."

So, to summarize, an applicant must disclose his prior arrests and convictions, and they will most likely be found during the criminal background search performed by the licensing agency.

Finally, a handgun license may not be issued to anybody who is not "of good moral character" and unless "no good cause exists for the denial of the license" to the applicant. NYS Penal Law sec. 400.00 (1) (b) and (g). It will be up to the licensing officer reviewing the application to determine if a prior youthful offender finding means that the applicant is not of good moral character or if the finding is "good cause" for denial of the license. Licensing officers are typically afforded broad discretion in making such determinations.





---------- FOLLOW-UP ----------

QUESTION: so does it stop me or i have a good chance at it

Answer
If you were given youthful offender status and were not convicted of a felony, then you are not prohibited by law from possessing a firearm or obtaining a pistol license. However, as I have tried to make clear, you will need to disclose the information about the arrest on the application, and the licensing agent could still deny your application. I cannot tell you what your chances of success are with such an application because I do not have enough information to fully evaluate your situation.