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Discussion Starter · #1 ·
but let me see what others here say.

About ten years ago I was issued a citation for a domestic dispute where the charges were ultimately dismissed and later expunged. Is this still something that must be declared on the CFP application?

My assumption is yes, and if so how may that affect my application. The incident was self-defense, but Utah does have that "cite both parties" law.

As usual, I'm not looking for legal opinions, just personal knowledge from those more experienced.

Thanks!
 

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The form asks if you have ever been arrested for any offense involving domestic violence. You only have to provide explanation if you answer "yes" to any of the questions on the application.

The application also asks "Have you ever been involved in any incident in which you have used unlawful violence or threats of unlawful violence?" Sounds like you could reasonably answer "no" to this question (with regard to the incident you cite) given your account.

- Dave
 

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I am NOT an attorney!

It is my understanding that expunged = eliminated. As in, never happened. Otherwise, what would be the point of expungement after dismissal? Also, arrested? or cited?
I would be surprised if you were required to list it on the application. After all, it never happened. :?

I am NOT an attorney!
 

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Oh, and also...

Is there any way I can check to see if my criminal history will prevent me from obtaining a concealed firearm permit BEFORE I go through the whole process of applying?

Yes. You can come into our office or call by phone and ask to speak with one of the investigators. If you explain to the investigator what type of problem you have had, he can give you a good idea whether you qualify for a concealed firearm permit or not.

Utah Bureau of Criminal Identification
3888 West 5400 South
Salt Lake City, Utah 84118
(801) 957-8620
(see http://www.bci.utah.gov/CFP/CFPFAQ/FAQCrHist.html)
 

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Discussion Starter · #5 ·
FYI:
I just called that number and it dumps right to voice mail for a woman named Laura Gaylor. I doubt that is the person that was intended to field all those calls.
 

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Discussion Starter · #6 ·
.40x12 said:
I am NOT an attorney!

It is my understanding that expunged = eliminated. As in, never happened. Otherwise, what would be the point of expungement after dismissal? Also, arrested? or cited?
I would be surprised if you were required to list it on the application. After all, it never happened. :?

I am NOT an attorney!
I was cited, which is the same as being arrested and released OR. Think of it like a traffic ticket. I was never placed in handcuffs, and actually had a pleasant conversation with the police officers while they told me how nuts they thought the other party was.

And while I wouldn't normally be worried about it, since the Fed background investigation didn't turn anything up, this application says specifically that they will search expunged records.
 

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Discussion Starter · #7 ·
Okay, I just called and spoke to someone there that gave me the following information:

If it was expunged it never happened. BCI cannot deny based on an expunged record. I can legally answer as if the incident never occurred.
 

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That is great information. Thanks, roseblood for tracking down a definitive answer. I am sure that will come in handy for someone else on of these days.
 

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roseblood said:
If it was expunged it never happened. BCI cannot deny based on an expunged record.
This is interesting, because it is the opposite of what the law says.

53-5-704 (3)(a) says:
The division may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence
(3)(c) and (3)(c)(i) say:

(c) In determining whether the applicant has been or is a danger to self or others, the division may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section 77-18-15
(77-18-15 says that the division must maintain and index all expunged records of arrests and convictions)

So the fact that you were not arrested or convicted would seem to make you safe. Since your expunged record was of a citation, not an arrest or conviction (I'm assuming here that there is a difference between "arrest" and "citation" -- but I don't know that for sure), the record should not have been retained by the division, and even if they have it they shouldn't be able to use it to deny your application.

Also, it doesn't sound like your case would have been evidence that you are a danger to self or others, even if you were arrested. An arrest record isn't necessarily evidence of danger.
 
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