Expert: n/a - 2/8/2008

Question
I was convicted in Kansas in 1985. I did 2 years with the state. I have had my record expunged. Since then I have been a good citizen and have had no run ins with law enforcement. I now have a wonderful family and business. I have talked with the BATF, KBI, FBI, the States Attorney General, local attorneys that talked to a federal prosecutor and he said that he would not prosecute me if I got caught with a gun. My attorney said to just go and try to buy a gun and the NICS delayed my purchase then denied it. I sent in an appeal with my finger prints and was sent a letter stating that me or some one with the similar name or descriptive features has been matched with the criteria then it stated the codes that disqualified me.
I have been working on clearing my name for many years and though that with the expunged cases that I would be fine. Now I have realized that the KBI stated to me when I spoke with the records department, they said that they will not remove any records with out a court order. I think that is where my problem is. I spoke with the KDOC and they looked up my record and said that I had never been in there system.
I read an answer to one of your questions that I may have to get a permit for fire arms. Since Kansas does not do restoration of all civil rights and a Executive Clemency is only for someone that is still locked up, what do you think that I should do?
Thank you very much for your time. WHD

Answer
If your record was expunged then that means it was erased from your State files completely.  Although, you was still convicted of a crime so therefore in order for the NICS system to clear you to purchase a firearm you will need a firearm permit.  If Kansas does not have one then apply for a non-resident handgun permit.  Virginia and Florida has an easy system with Virginia being the fastest.   Infact you can call the Virginia State Police and they will run your name in their system with your information and tell you on the phone if you qualify or not.  I know in Florida with a firearm permit you don't need a NICS check.  You can go to Virginia State Police for their permit information and download an application or Florida Dept of Agriculture for their permit information and request an application with fingerprint cards to be mailed to your address.

GOOD LUCK