A criminal record can limit opportunities in employment, housing, and even firearm ownership. Many Texans seek expungement to clear their record, but does that mean gun rights are restored?
The answer depends on several factors, including the nature of the offense and the laws governing firearm possession. By understanding how expunction affects gun rights, you can make informed decisions about your legal options moving forward.
I’m David Reed, an experienced Austin expungement lawyer. Below, I answer several questions about expunctions and their impact on firearm ownership, including:
- How does a criminal record affect gun ownership?
- Do expunged records show up on NICS?
- What does expungement do?
- Can you buy a gun after expungement in Texas?
- How do you restore your firearm rights in Texas?
- How much does it cost to restore your gun rights?
- Why do you need an attorney to navigate expunction & gun rights?
How Does a Criminal Record Affect Gun Ownership in Texas?
Texas law and federal regulations restrict firearm ownership for individuals with certain criminal convictions. Felonies, domestic violence offenses, and some misdemeanors can result in the loss of gun rights.
The National Instant Criminal Background Check System (NICS) prevents firearm sales to individuals with disqualifying records. Even if a person has served their sentence, restrictions on gun ownership may still apply.
Do Expunged Records Show Up on NICS?
No, expunged records should not appear in the National Instant Criminal Background Check System. Once a record is expunged, it’s legally treated as if it never existed and is removed from public and (most) official databases.
However, in some cases, outdated or incomplete records may still be in NICS due to errors or delays in updating databases. If an issue arises, you may need to contact an attorney to resolve it.
What Expungement Does (and Doesn’t) Do
Expungement removes records from public access, meaning employers, landlords, and most background checks will not see them. It legally erases arrests and certain charges, and treats them as if they never happened.
However, expunction does not always restore all legal rights. Many people assume clearing a record automatically reinstates gun rights, but Texas and federal laws impose additional restrictions that expungement may not override.
Can You Buy a Gun After Expungement in Texas?
Whether you can buy a gun after expungement depends on the nature of your record.
- Eligible Cases: If your arrest or charge was dismissed, or if your case resulted in acquittal, then expungement can remove it from your record. In these situations, gun rights are typically unaffected.
- Ineligible Cases: A felony conviction remains a barrier to firearm ownership, even if expunged.
- Texas law does not allow expunction for felony convictions unless the individual received a pardon.
- Federal law also prohibits firearm possession for felons, regardless of expunction status.
- Misdemeanor Domestic Violence Convictions: Federal law bans firearm ownership for individuals convicted of domestic violence misdemeanors. Even with expungement, federal restrictions may still apply.
Check with your attorney before attempting to purchase a firearm to avoid additional legal trouble.
How Do You Restore Your Firearm Rights in Texas?
- Consult an Expungement Lawyer
- Gun laws in Texas and at the federal level are complex. A criminal defense attorney can help you determine your best course of action.
- If your rights remain restricted due to a federal ban, an attorney can advise whether federal relief options are available.
- Determine Your Criminal Record Status
- Your lawyer will check if your record qualifies for expungement or non-disclosure.
- They’ll identify whether you have a felony conviction. In Texas, felons cannot possess firearms unless they meet specific restoration criteria.
- They’ll review your misdemeanor history. Certain domestic violence convictions permanently revoke firearm rights under federal law.
- Understand Texas vs. Federal Firearm Laws
- Texas law allows felons to possess firearms inside their home five years after completing their sentence, but this does not restore full gun rights.
- Federal law imposes stricter restrictions and does not recognize Texas’ five-year rule. In some cases, you may still be prohibited from owning a gun under federal law.
- Seek a Pardon from the Texas Governor
- A full pardon from the governor is one of the most effective ways to restore firearm rights.
- To apply for a pardon, your lawyers will submit a clemency petition through the Texas Board of Pardons and Paroles.
- A successful pardon restores your civil rights, including the right to own a firearm, but does not override federal restrictions.
- Petition for Judicial Clemency (If Eligible)
- If you were convicted of a state jail felony or third-degree felony, and successfully completed probation, your lawyer may petition for judicial clemency under Texas Code of Criminal Procedure Article 42A.701.
- If granted, your conviction is effectively set aside, which may help in restoring firearm rights at the state level.
- File for Expungement or Record Sealing
- Expungement completely erases your record, making it as if the conviction never happened.
- Non-disclosure (record sealing) hides your record from public view, but it does not restore firearm rights if the conviction itself led to a federal prohibition.
- Confirm Your Firearm Eligibility Before Purchase
- Your attorney will contact the Texas Department of Public Safety (DPS) to verify your legal status.
- They’ll check with the FBI’s National Instant Criminal Background Check System (NICS) to ensure your record has been updated.
- Do not attempt to purchase a firearm until you are legally certain your rights have been restored, as an unlawful attempt could lead to additional charges.
How Much Does It Cost to Restore Your Gun Rights?
The cost to restore your gun rights in Texas varies based on the legal process required. Expungement can cost around $2,500 in attorney fees, plus $350 in filing fees.
A governor’s pardon may be necessary for felony convictions. This has no application fee but involves legal costs ranging from $2,500 to $10,000 or more.
Finally, if a court petition is required to clarify firearm rights, then additional legal fees may apply.
Why Do You Need an Attorney to Navigate Expunction & Gun Rights?
Texas gun laws and expungement statutes are complex. Many individuals assume clearing their record will reinstate all rights, but legal barriers often remain.
A misstep could result in serious consequences, including criminal charges for unlawful possession. An expungement attorney reviews your case, explains your options, and ensures all legal steps are followed.
If firearm rights cannot be restored through expunction, your attorney can advise you on alternative legal strategies.
Consult with an Austin Expungement Lawyer Right Away
Expungement provides a fresh start, but it doesn’t always restore gun rights. Texas and federal laws impose different restrictions, and each case requires careful evaluation.
Before pursuing expunction or attempting to purchase a firearm, consult with a criminal defense attorney. At The David Reed Law Office, I help individuals navigate the complexities of expungement and firearm rights.
For a consultation to explore your legal options, contact me today.