The most common reason people call us about expungement is not a job or a license. It is the right to own and possess a firearm. A Missouri expungement can be a major part of getting that right back, but it is not always the last step, and it is not available for every offense.
Here is what an expungement does for firearms rights, why a background check can still deny someone afterward, and how that is fixed.
The law
Does a Missouri expungement restore gun rights?
It can. Both Missouri law and federal law treat a properly expunged conviction differently from one that still stands.
Missouri law
Under RSMo 610.140, an expungement order restores the person to the status they held before the arrest, plea, or conviction, as if those events had never taken place, and restores their civil rights.
Federal law
Under 18 U.S.C. § 921(a)(20), a conviction that has been expunged is generally not treated as a conviction for federal firearms purposes, unless the expungement expressly says the person may not possess firearms.
Other federal and state disqualifiers can still apply on their own, such as a protective order or a separate conviction that was not expunged. The whole record has to be reviewed, not just one case. See who is prohibited under federal law.
The limits
Which offenses cannot be expunged in Missouri?
Some of the offenses people most want cleared for firearms reasons are on the list that cannot be.
- Many weapons offenses, including unlawful possession of a firearm under RSMo 571.070 and most unlawful use of a weapon offenses under RSMo 571.030.
- Domestic assault, misdemeanor or felony, and any felony assault.
- Class A felonies, dangerous felonies, felonies where death is an element, and offenses that require sex offender registration.
- A long list of other specific offenses named in the statute.
If an offense cannot be expunged, other paths to firearms rights, such as a pardon, may need to be considered. That is a separate question to ask before filing anything.
After the order
Why can a background check still deny me after an expungement?
Because the records do not always get updated.
An expungement order is supposed to be carried out by every agency that holds the record. Sometimes that does not happen, and the only way a person finds out is when something goes wrong, such as a denial at the gun counter. The federal background check system, NICS, may still show the old conviction.
There are two ways to fix that through the FBI.
Appeal a denial
After a denied purchase, the person can request the reason for the denial in writing, then appeal it with documentation such as a certified copy of the expungement order. The process is set out in 28 C.F.R. § 25.10.
Clear it in advance
Before attempting a purchase, a person can apply to the FBI’s Voluntary Appeal File. With fingerprints and supporting documents, the FBI keeps information on file to prevent future erroneous denials or long delays.
How we handle it
Can a lawyer help with both the expungement and the gun rights?
Yes, as two separate pieces of work.
We handle the Missouri expungement on a flat fee. If firearms relief is needed afterward, through a NICS appeal or the Voluntary Appeal File, we handle that separately for its own flat fee. Keeping them separate means you pay for the second step only if you need it. See expungement in Missouri and why expungement petitions fail.
Answers
Expungement and gun rights questions we hear
Can I own a gun after an expungement in Missouri?
Often, yes. Missouri law restores the person’s prior status, and federal law generally does not treat an expunged conviction as a conviction for firearms purposes. Other disqualifiers can still apply, and background check records may need to be corrected.
Can a felon in possession conviction be expunged in Missouri?
No. Unlawful possession of a firearm under RSMo 571.070 is on the list of offenses that cannot be expunged, along with most unlawful use of a weapon offenses.
Can domestic assault be expunged in Missouri?
No. Misdemeanor and felony domestic assault are both excluded from expungement under RSMo 610.140.
What if I am denied a gun purchase after my expungement?
Request the reason for the denial in writing and appeal it through the FBI’s NICS appeal process with a certified copy of the expungement order.
What is the NICS Voluntary Appeal File?
An FBI program that lets a person submit fingerprints and documents in advance so the background check system can avoid erroneous denials or extended delays on future purchases.
Call 573-638-8529 to find out whether your record can be cleared.
Talk to us
Find out whether your record qualifies first.
Before you file anything, we will review the whole record and tell you whether expungement is available and what it would take to restore your rights.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information, not legal advice, and it does not create an attorney-client relationship. Firearms eligibility depends on a person’s entire record and on federal and state law.
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