Q: Ex- convicted felon in California charged in 2013 and all records have been expunged. Can I posses firearm in Texas now?
No other charges since
Off probation
Good abiding citizen
A: If you have had all your criminal problems expunged so that your record is totally "clean", the answer is yes.
A: Wait. You said you are off probation? Sorry, I didn't see that when I answered yes. If you pleaded guilty or were found guilty of a felony offense by a judge or a jury, and you received a probated sentence, then you still have a felony conviction on your record, even if you successfully completed the probation. So unless the expunction was for the case you were on probation for, you would not be able to possess a firearm. For a definitive answer to your question, call the local office of the federal agency Alcohol, Tobacco, Firearms and Explosives and ask them if you can now legally possess a firearm. They can check your criminal history and tell you for sure whether you can or cannot possess a firearm.
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.
