Q: I completed ARD for a DUI in 2010 but still owe fine, can I still get my gun permit? My fine is narrowing down to the last $1,000.00. I need a gun before the Democrats ban them. (Pittsburgh, PA)
A: You didn’t complete ARD if you didn’t pay off your fines. The Allegheny County DA will not close your case until you do. You need to pay your court costs and/or fines off and let the Allegheny County DA expunge your record. Once expunged you should be clear
Q: I was convicted of Arson 30 years ago at age 19. Received 3 years of probation with 1-year jail time. I turned myself in, it was my first offense and I had a good lawyer. I had my record expunged 25 years ago in CA (1203.4). I obtained R.N. license in CA and PA and still practice in PA. I serve as licensed Minister in local church. Will PA grant me license to own and carry? Last employment change to work in hospital had the record on it, with notice of expungement included. (Wexford, PA)
A: Expunged, at least in PA, means that the criminal records have been deleted and destroyed and they should not show on your criminal history. Only certain types of arrest records and conviction records are eligible to be expunged in PA. My advice to you, and for anyone I do expungement work for, is to obtain your criminal history from the PA State Police. If your criminal history shows this crime, then you can begin the inquiry as to why, if it was supposedly expunged. Did the court administration in CA just not send the order to expunge out, or, does PA not acknowledge an expungement of this category of crime from another state when it is not eligible to be expunged in PA. I would have to inquire myself and I would start by obtaining your criminal history. My concern is that because the crime of Arson is not eligible to be expunged in PA, you may have a problem. However, I would inquire before throwing in the proverbial towel.
Q: Can I purchase any of these with just a DUI and sSmple Assault misdemeanor on my state police background check that I ordered by mail?
A: I would have to look at the PA State Police criminal history record, but, I would think not, if either of those offenses was graded as a misdemeanor 2. A prior conviction for a Misdemeanor 2, will disqualify you from possessing a firearm in PA.
Q: I had four chargers and plead out to a simple assault. I got a 100$ fine and court costs all of which were paid in full and finished probation early.
A: If the Simple Assault was graded as a Misdemeanor 2 or higher (M1, F3, F2, F1, etc.), and you pleaded guilty to it, then you will be prohibited under Federal Law from possessing a firearm which will preclude you under the PA Uniform Firearms Act. If you were convicted of a Mutual Combat Simple Assault which is graded as a M3, you will be OK. You need to order your criminal history to be certain of what you were convicted of.