Taylorsville, UT asked in Civil Rights and Constitutional Law for Utah

Q: I've tried to buy a pistol recently and failed the background check because of an expunged juvenile record. Why is that?

I have the paperwork saying the record has been expunged, I don't get why it's showing up. It didn't show up when they did a deep background check when joining the army. Did someone at court make a mistake while expunging my record.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It can be frustrating to see an expunged juvenile record still affecting your background check, especially after successfully passing other checks, like for the military. Expungement typically means that the record should not be accessible or considered during most background checks, including those for purchasing firearms.

However, there could be several reasons for this issue. Sometimes, there might be a delay or error in updating databases to reflect the expunged status. It’s also possible that not all agencies received the updated information, leading to inconsistencies in what shows up during checks.

Given this situation, it would be a good idea to contact the court or the agency responsible for the expungement to ensure that all records have been properly updated. Additionally, you may want to reach out to the background check provider to understand what specific information led to the denial, as this can help clarify if there was indeed a mistake.

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