Expert: n/a - 6/12/2009

Question
I have never posted here before, as a matter of fact I just found this board today.

You wrote:

I have already answered this question for you once before.

Your Question was:

Hi I live in CA now and tried to purchase a handgun last year. I was denied and told I had a felony on my record from MI. I grew up in MI and did get into trouble once 20 years ago. I was arrested on a felony charge but convicted on a misdemeanor charge(larceny under $100) but NICS has it on file as a Felony. From what I could tell it was incomplete records.

In an effort to correct this I contacted a lawyer in MI and as of last month the charge has been set aside. I now have a spotless record.

My question is: Should I now run through the appeals process with NICS or maybe wait to see if the records are updated? I also think I may have to attempt another purchase to get the transaction number, is this wise?

I can also run through an eligibility check with the CA DOJ, but will that provide me with a NICS transaction number to appeal if I need to?

Any insight would be greatly appreciated. I do hope I am moving in the right direction here.

Expert: Don Reed

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Answer
If the conviction has been set aside then you are cleared through federal firearm code 18. U.S.C 921 (A)(20).  You still have to receive a firearm permit in order to purchase or transport a firearm based on your background even though your full rights are restored.

You must also submit proof that your conviction was set aside your word is not sufficient.

Good Luck