Federal law provides a little more relief. The federal law that makes it unlawful for convicted felons to possess a firearm provides that an expunged conviction is not a conviction.[9] It states that a conviction that "has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction." The federal statute operates to treat 1) expunged, 2) set aside, and 3) pardoned as equals. So, a full arrest-records expungement (the type provided by Sections 18 and 19 of Title 22 of the Oklahoma Statutes) of a felony conviction in Oklahoma should prevent it from being a "conviction" under federal law. Oklahoma law, however, does not have a similar provision in its statutes.
Would such a violation of law be prosecuted in Oklahoma? It is possible, which is why individuals should be fully informed about the potential risk of possessing a firearm even with a full arrest-records expungement. It also exemplifies the need, at least for those who have a nonviolent felony conviction and want to lawfully possess a firearm, to seek a pardon of said conviction before seeking an expungement of the records.
In 2019, the Legislature amended the law to permit carrying a firearm without a concealed-carry permit. However, it also made it illegal (a misdemeanor) to carry a gun after having been convicted of certain enumerated crimes.[10] The enumerated offenses include: assault and battery (A&B) causing serious physical injury, aggravated A&B, A&B qualifying as domestic abuse, stalking, violating a victim protection order, and unlawful drug use and possession. Several of the enumerated crimes are misdemeanors and not nonviolent felonies.[11] Said statute fails to provide for the restoration of the right to carry a firearm upon a pardon or expungement. Because Oklahoma law lacks any reference to the restoration of the right to carry a gun after a misdemeanor conviction, the right is not going to be restored by an expungement. If you are considering an expungement of a misdemeanor conviction for one of the enumerated crimes, you should be aware of this recent change in the law.
[5] Enrolled Senate Bill 628 (1997) (Enrolled Senate Bill provided because OSCN.com has only Oklahoma Session Laws since 1998 and the Secretary of State’s website only contains legislation introduced since 2001).