Expert: Dean Speir - 3/11/2009

Question
I had was granted youthful offender for non violent crimes in or about 1960. (dumb kid stuff) Since then  have a squeaky clean record. This happened in NY and I now live in Utah and Nevada. My question is how do I answer the questions on the application for a concealed weapon permit? I was told when I received my YO that when I applied for jobs, military service etc., that I have no public record and to answer questions as if I don't. Would that be lying on the concealed weapon permit application and could I get into trouble for that?

Answer
Again, Jim, this is not a Second Amendment issue, but one of Criminal Justice.

YES!, it would be lying!

In general… and especially in New York even though you now reside in more enlightened jurisdictions… it is best not to lie on any such document, because if you get caught lying on a Form 4473, you are not only disqualified from the purchase, but can be prosecuted anew!

Even though this happened almost 50 years ago… well before the ubiquity of computerized records… and you think that there's no "public record," your safest course of action would be to contact the Court of original jurisdiction in New York and request from them an official record of the disposition of your offense.

Whatever they provide you should accompany your application to the authorities in Utah and/or Nevada.

Quite often, especially where Youthful Offender status has been accorded, there is some index number attached to your name even though the record itself has been sealed or even destroyed. Authorities will pick this up, and the burden is on you to show what happened "back then," and how it was disposed.

The temptation is great to kinda whistle past the graveyard and hope that because it's so long ago, that it won't come up. If you've led an exemplary life since then, don't risk getting marked lousy for the remainder of your days!

Contacting an attorney on this matter would be a good idea.

G'luck to you.