Felony assault with parked vehicle in 1983

[MacFromOK]

I don't know what you mean about the Feds. Was the federal government involved in the charges in someway? If you are referring to your arrest appearing on the national database (NCIC) as well as Texas' database (TCIC) then that is all taken care of through any expunction. DPS for Texas maintains TCIC and the record of your arrest would be removed if an expunction were granted. Any future inquiries to the NCIC database will no longer pull this data from TCIC, hence it will be effectively removed from the national database as well. If an expunction is done and all entities are properly served then not even law enforcement is able to tell you were ever arrested and you are legally permitted to deny the fact that you were ever arrested.

Apparently, the FBI is the actual investigative agency for firearms-related background checks which each state must go through. The lawyer I spoke with specifically warned me that even if we got the arrest expunged in Texas, it would not necessarily mean the FBI would remove any existing info they had discovered in the process of previous background checks.

I'm really in the dark here.

 

[CavemanLawyer]

Apparently, the FBI is the actual investigative agency for firearms-related background checks which each state must go through. The lawyer I spoke with specifically warned me that even if we got the arrest expunged in Texas, it would not necessarily mean the FBI would remove any existing info they had discovered in the process of previous background checks.

I'm really in the dark here.

Ok yes that is true. You are referring to the NICS database which is specifically for firearms checks and once you go through a background check for a firearms purchase it will pull and store arrest data there. You would also have to serve them with the expunction but I honestly do not have any experience with that so I would trust what this attorney has told you. Just thinking about how the systems work, an expunction of your TCIC/NCIC might even complicate things because it would be better for them to see a charge and a dismissal of some sort than a charge and no corresponding local data. That could make someone question whether there was a conviction. The ideal action would be to have it reported to DPS as a dismissal or no bill first if possible so that the NICS system can pull that disposition. Then you maybe can pursue an expunction later.

The NICS system is pretty notorious for having incorrect or missing information and that can delay firearms transfers. If your only reason for an expunction is to make firearms transfer quicker and smoother, then it may not be worth the effort.

 

[MacFromOK]

Well... the current reason is for a carry permit here in Oklahoma (OSBI is still waiting for a response from Texas after 12 days). I am on disability (heart condition), and my wife is having dementia problems, so neither of us has the ability to fight and/or run in a crisis situation.

I've had firearms since I was a kid, and that's about the only defense I can use at this point. Life kinda sucks sometimes.

Thanks very much for your assistance.

Mac

 

[CavemanLawyer]

Well... the current reason is for a carry permit here in Oklahoma (OSBI is still waiting for a response from Texas after 12 days). I am on disability (heart condition), and my wife is having dementia problems, so neither of us has the ability to fight and/or run in a crisis situation.

I've had firearms since I was a kid, and that's about the only defense I can use at this point. Life kinda sucks sometimes.

Thanks very much for your assistance.

Mac

Well life will suck worse for anyone that messes with you or your wife while you're packing. I'm confident you will get approved for the carry permit eventually. That will certainly happen long before you got the expunction to go through anyway.

 

[MacFromOK]

UPDATE:

Well... everything finally worked out ok.

After multiple phone calls (and talking to some really nice folks in Cooke county), they managed to find enough info to update my criminal history. It now shows the 1983 charge was no-billed.

And... my carry permit was approved yesterday and will be mailed out today.

Thanks again for everyone's input.