Expert: n/a - 4/28/2009

Question
QUESTION: 20-26  yrs ago I had 5 arrests misdemeanors/gross misd.. 1 felony) example 2 concealed weapons charges(knifes) and 3 dui's 1 felony, I have received a FULL AND UN-CONDITIONAL pardon including the right to bear arms, and the felony record sealed,per NEVADA NRS STATUTE 179.245-285. MY QUESTION IS on the NV ccw permit asks have you ever been convicted of a felony?,per NRS 179.285 it states that I can legally say no to any inquiry, but the sheriffs dept states I must show proof of pardon (which i have) but wont admitting this hurt my chances? and will my past 20 yrs ago hurt my chances? I have been a good citizen since 3-12-89, no problems of any kind, own a buisness for 13 yrs, home etc. I dont want to be denied for awnsering no Aand not submitting pardon. And how does f.b.i. work with sealed records? when sheriff asks for them? will they see all inc. sealed? my pardon was put in place cause i have purchased guns even before sealed. sorry so long and thanx in advance.



felony how do i awnswer?

ANSWER: If the courts gave you a pardon or sealed your records it's their job to make sure the Dept. of Criminal Justice in your state gets the paperwork to submit to the FBI so it won't show up in your records check.  You would have to request your personal FBI fingerprint check to find that out.  

Also, if you purchased a weapon with a felony before you received a pardon that was before the NICS check was in place.  Now that would be close to impossible to do.  I would not tell any Law Enforcement Officer's that if I were you because that is illegal.  

You must put what the Sheriff requested because he is the issuing authority.  A CCW Permit is at the discretion of the issuing Agency and their are no laws to say you must receive one when you apply.  It also does not mean you can't purchase a weapon because you are turned down for a CCW you just can't carry concealed.  Try getting a non-resident permit that has reciprocity in your state.

Good Luck

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

QUESTION: Thanks, you misunderstood, I said my pardon WAS in place when I purchased guns. the record was sealed later,I never bought guns before pardon. You answer is: Put what the sheriff requested? Do you mean I should answer YES to the question of having been convicted of a felony, AND  Submit the pardon with the application? even though my sealed records say to answer that question NO - to ALL inquirys?.

Answer
Like I explained if you say no and it comes up on your FBI fingerprint, then you will definitely be denied.  They will probably not wait for you to submit the proof of Pardon then.  Also if you have a pardon from the Governor they must recognize it and NOT use your conviction covered by the pardon against you.  

On the NICS application which is a Federal application they allow you to say no to the conviction question if you have some sort of restoration of rights, especially a pardon.

You have to make your decision if you don't have the time to check you FBI background.

Good Luck