Asked in Criminal Law and Federal Crimes for Tennessee

Q: TN code 39-17-305 is disorderly conduct, why does this charge prevent me from purchasing firearms?

TBI has told me it is a domestic violence charge. And that I cannot have it expunged even though I have an up to date list of excluded charges for expungement. It is nowhere on there. Hawkins county DA gave me the run around, and the US DA asked why I came to them it is a claim towards my county (Hawkins) TBI also has told me I cannot have it expunged.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I do not know your exact situation, but I have some advice. Hire a competent attorney to first get certified copies of any and all criminal convictions that you have. Also any charges which were brought but did not become convictions need to be examined, as they are just as bad for background check purposes. What can be expunged needs to be expunged. What cannot needs to be examined as to whether it is actually a firearm disability. Just because someone cannot pass an instant background check does not mean you have a firearm disability per se. That is sometimes you can possess arms and ammunition, but still not pass the check. Be prepared to spend money and some time. It appears that you were probably not careful how you dealt with some charge in the past, and it has come back to hurt you. If you have a permanent problem, now is the time to find out for sure, because I do not think you paid enough attention earlier.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.