Expert: Dean Speir - 7/29/2009

Question
I'm a resident of Michigan and i had a CCW conviction in 1991. i recently had the conviction and my record expunged, will that stop me from getting a CCW permit. i am now 45 years of age haven't got in any trouble since then. Should i say yes on the app if it ask of any convictions.

Answer
How do you possibly imagine that this is a Second Amendment question, John?

This is a Criminal Justice issue, and should be addressed to the attorney who represented you in your 1991 criminal action.

That said, one of the fastest ways to get in trouble is to lie on a form such as a License application or a Form 4473. Your record may have been expunged from the system, but there is still an index number in that system of a Criminal prosecution attached to the name of "John E. Baldwin," and the Licensing authorities will want to know about that in detail.

If you answer "No" on the CCW application, and that index number indicates "Yes," then you are in the soup! The application will be denied, and there will be a notation somewhere that you're willing to perjure yourself.

This will not redound to your credit.

The proper procedure would be to answer "Yes," and provide the date and jurisdiction of the conviction. MSP may check it themselves, but more likely they will require you to obtain a record of that court's disposition and provide it to them along with your application.

NEVER LIE ON AN APPLICATION! That's grounds for immediate denial with no right of appeal.