imported post
ScottyT wrote:
A friend of mine is inquiring. Can he get a gun with felonies on his juvenile record? Is "sealed" the same as "expunged?" ...probably not, right?
Thanks for any help!
I don't know a whole lot but when I purchased my handgun I filled out an application, gave my id, they did abackground check and than I was done, total time was maybe 10min from start to finish. I'm not sure who they check with or use (my guess is its the BCI).
Doesn't it depend on how long ago the conviction was & what it was for?: like it was whenhe was 14 & he's now30 or something..., also doesn't it depend on what the verdict was: guilty, not guilty, plea and abeyance etc
Here iswhat I found out: Yes in the state of Utah sealed is basically expunged:
http://www.recordgone.com/statutes/utah_expungement_statute.htm (this has a break down of who's eligible for expungement). Utah allows for the expungement of juvenile convictions under Utah Code Sections 77-18-10, 77-18-11, 77-18-12.
http://www.le.utah.gov/UtahCode/getCodeSection?code=78A-6-1105 (this is the process)
However, IMO nothing is ever gone permanently when it comes to "BIG BROTHER"
I also found this:
77-18-15. Retention of expunged records -- Agencies.
(1) The division shall keep, index, and maintain all expunged records of arrests and convictions.
(2)
Employees of the division may not divulge any information contained in its index to any person or agency without a court order, except to the following:
(a) the Board of Pardons and Parole;
(b) the Peace Officer Standards and Training;
(c)
federal authorities, unless prohibited by federal law;
(d) the Division of Occupational and Professional Licensing; and
(e) the State Office of Education.
(3)
The division may also use the information in its index for the purpose of establishing good character for issuance of a concealed firearm permit as provided in Section 53-5-704.
If your friend wants to obatin a CWP:
http://www.le.utah.gov/UtahCode/getCodeSection?code=53-5-704 (this is the code showing who's eligible for a permit) but if he's able to purchase a gun he can open carry w/out a permit.
Hope that helps... maybe someone elsehere knows a little more
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