Q: Can firearm rights be restored, even if an expungement is not possible?

A: In Minnesota, expungement may be possible for a conviction under § 609.222 Assault in the 2nd Degree in certain limited circumstances. However, even if expungement is granted, it would not automatically restore firearm rights.

Expungement eligibility depends on the specific facts of the case and whether a prison sentence was imposed. Under § 609A.02 subd. 3(a)(3), a petition for expungement may be filed for a conviction of Assault 2nd Degree, but only if no prison sentence was imposed. If any amount of prison time was ordered, expungement would not be an option.

However, even if someone is able to get an expungement for an Assault 2nd Degree conviction, this alone does not restore their firearm rights under state or federal law.

Under Minnesota law (§ 609.165 subd. 1a), a person prohibited from possessing firearms due to a conviction may have their firearm rights restored by court order or operation of law. But this only applies to Minnesota offenses specifically listed in § 624.713 subd. 1(b). Assault 2nd Degree (§ 609.222) is not included in that list of offenses eligible for state firearm rights restoration.

Additionally, Assault 2nd Degree is considered a "crime of violence" under federal law (18 U.S.C. § 921(a)(33)(A)). A conviction would trigger a lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9). A state expungement does not remove or undo this federal prohibition.

Therefore, in most cases, a person convicted of Assault 2nd Degree in Minnesota would be subject to a lifetime ban on possessing firearms under both state and federal law, even if an expungement is granted. The lifetime federal ban could only potentially be lifted by a presidential pardon or through very limited federal restoration of rights procedures.

In summary:

- Expungement of an Assault 2nd Degree conviction may be possible if no prison sentence was imposed, but is not guaranteed

- An expungement alone would not restore state or federal firearm rights

- Assault 2nd Degree convictions carry a lifetime firearm prohibition under federal law even if a state expungement is granted

- Consulting with an attorney is advisable to evaluate eligibility for expungement and firearm rights restoration based on the specific facts involved