Breakout 8 | Lingering Second Amendment problems after expungement: Advocating for clients with properly expunged convictions

You successfully obtained an expungement for your client. The Judge signed the Order restoring your client to their status prior to the conviction. Job well done! But the same client contacts you soon after, indicating they tried to buy a weapon but were flagged for being a convicted felon; or indicating they were stopped for a traffic violation but then arrested as a Felon in Possession. Even though RSMo. § 610.140 (describing the process for expunging certain criminal records) does not specifically address restoring firearm rights, the District Court for the Western District of Missouri recently interpreted the statute to restore such rights. This session will explore how to advocate for clients caught in this gray area, including litigation in Federal court and filing Civil cases against the FBI to address the lack of recognition of Missouri Expunged Felonies.

Focus points:

How federal systems recognize or fail to recognize expungements.
Addressing an influx of clients who have successfully expunged records and had rights restored, yet continue to be arrested, and are unable to purchase or possess firearms to hunt.
Helpful practical tips to defend your client’s firearm rights and understand what’s being done by firms at the Federal level to correct this situation.

Speakers: Joseph S. Passanise, Wampler & Passanise, Springfield; Craig R. Heidemann, Douglas, Haun & Heidemann, PC, Bolivar; Nickolas W. Allen, Douglas, Haun & Heidemann, PC, Springfield

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.