Expert: Robert P. Firriolo - 5/26/2011

Question
I obtained a New York State carry concealed permit in August of 2009. In October of 2009 I got a DUI in Pennsylvania, but completed the ARD classes and it was expunged in July 2010. I would like to buy other long guns and handguns but i am not sure if I would be denied or not on the FBI checks. Also I was not sure if i needed to acknowledge the arrest on the permit update questionnaire. Any information on the subject would be very helpful.

Answer
A misdemeanor conviction for a crime carrying a maximum sentence of a year or less does not make somebody prohibited under federal law from possessing or acquiring firearms or ammunition, unless it involved domestic violence. A misdemeanor DUI conviction should not result in a NICS denial even if the expungement is not yet in the NICS database. An expungement serves to act as if the conviction never happened.

You do not say what county issued your license so it is impossible to definitively answer your second question. Some (if not most) counties require that the police, sheriff, or other agency be notified of any arrest of a licensee. You may find your license suspended or revoked for failing to notify in a timely manner when they find out about it now.

I have no idea what you mean by the "update questionnaire." Most New York counties issue lifetime licenses, which are good until revoked. NYC, Nassau and Suffolk issue renewable licenses, and Westchester requires a "recertification" every five years.

If you live in a jurisdiction with a renewable license, you need to answer the questions on the renewal form truthfully, including whether you have been arrested or convicted. The police have access to even sealed records and may well deny a renewal for failing to answer truthfully if you say you have never been convicted of a crime because the conviction was expunged.