Expert: n/a - 7/11/2008

Question
Twenty-two years ago (age 19) I was arrested in PA for criminal conspiracy.  I went through ARD successfully, hence, was never convicted to my understanding. I was told at the time that the arrest would be expunged upon finishing ARD (accelerated rehabilitative disposition), but I was recently denied my first handgun purchase attempt at a dealer. Upon appealing this denial, this arrest was the only reason given by Pennsy State Police. I have no priors or posts at all, or DUIs or anything. I just spent the day at the courthouse reinitiating the expungement process, as apparently this arrest was not expunged.  The staff there told me that this case shouldn't pose any problem for expungement, and I certainly didn't need to shell out for a lawyer for this case (whatever that's worth).  If the expungement is granted, will I theoretically be able to pass Pennsylvania's instant check next time, or will this arrest keep showing up because I attempted to purchase before it was definitely expunged? Or will I be denied because I technically "lied" on my application at the store regarding arrest (even though I thought expungement meant "never happened")? BTW, for good faith reasons, I also paid the PSP for a criminal records check on myself after the initial denial and waited two weeks for their response just to make sure before I appealed, and have a printed, dated reply from them that there was "no record" under my name and SSN.  Thanks for any help.  Frustrating.

Answer
If there is no conviction under your name because it was expunged why not get yourself a firearm permit so you won't have to worry about failing the NICS check.  Most of the times when you have a felony expunged or a pardon you still fail the NICS check until you receive a firearm permit.  You may win the appeal if you have no felonies under your name and SS but in order not to go through this again get a firearm permit ASAP.

Good Luck