Purchasing a firearm in the United States involves a crucial step: undergoing a background check through the National Instant Criminal Background Check System (NICS). This system, managed by the FBI, is designed to prevent firearms from falling into the hands of individuals legally prohibited from owning them. A common question that arises is, “How far back does a NICS check go?” The answer is multifaceted and depends on the specific databases and records being searched. Let’s delve into the details.
Understanding the NICS System
The NICS system is not a historical archive that looks back decades into every aspect of an individual’s life. Instead, it’s a real-time system that queries specific databases to determine if an individual is prohibited from owning a firearm based on current legal restrictions. The NICS check focuses on whether there are active records indicating disqualifying conditions at the time of the purchase.
What Information Does the NICS Check Access?
The NICS system checks several key databases to determine eligibility for firearm ownership. These databases include:
- National Crime Information Center (NCIC): This database contains information on wanted persons, missing persons, protection orders, and individuals with outstanding arrest warrants.
- Interstate Identification Index (III): This database contains criminal history records provided by state and federal agencies.
- National Instant Criminal Background Check System Index (NICS Index): This index contains information provided by federal and state agencies about individuals who are prohibited from possessing or receiving firearms.
- State and Local Databases: Many states supplement the federal NICS check with their own state-level databases, which may contain additional information relevant to firearm eligibility.
The “Instant” Aspect of the Check
Despite its name, the NICS check isn’t always instantaneous. While many checks are completed within minutes, some require further research and can take up to three business days. The delay often occurs when the system flags a potential match with a prohibited person. In such cases, the FBI must manually review the records to confirm whether the match is accurate.
Delving into the Timeframe of the Search
The question of how far back a NICS check goes isn’t about a fixed number of years. It’s about whether relevant records exist in the databases being searched. If a record exists, regardless of how old it is, it can potentially affect the outcome of the NICS check.
Criminal History Records
Criminal history records remain in the III database indefinitely, unless expunged or sealed by a court order. Therefore, a criminal conviction, even one that occurred many years ago, will be considered during a NICS check, provided it hasn’t been expunged. Old criminal convictions can absolutely trigger a denial.
Expungement and Sealing of Records
It’s important to understand that expungement or sealing of records can affect the NICS check. If a criminal record has been expunged or sealed, it should not appear during a NICS check. However, the rules regarding expungement and sealing vary significantly by state, so it’s crucial to understand the laws in your jurisdiction.
Mental Health Records
Mental health records that indicate an adjudication of mental incompetence or commitment to a mental institution are also relevant to the NICS check. These records are reported to the NICS Index by state agencies. The duration for which these records remain active depends on state laws.
Impact of State Laws
State laws play a significant role in determining which mental health records are reported to the NICS Index and how long they remain active. Some states have stricter reporting requirements than others. If an individual has had their rights restored following a mental health adjudication, they may be able to pass a NICS check, depending on state and federal laws.
Domestic Violence Restraining Orders
Domestic violence restraining orders that meet specific criteria under federal law can also prohibit an individual from owning a firearm. These orders must be issued after a hearing where the individual had the opportunity to participate and must include a finding that the individual poses a credible threat to the intimate partner or child. These records are also retained until they expire.
Duration of Restraining Orders
The duration of a domestic violence restraining order varies by state. If an order has expired, it should no longer prohibit an individual from owning a firearm. However, a violation of a restraining order might lead to a criminal conviction, which would then be a permanent part of the background check unless expunged or sealed.
Specific Disqualifying Factors and Their Impact on the NICS Check Timeframe
Several factors can disqualify an individual from purchasing a firearm. Each of these factors has its own implications for how long the record remains relevant to the NICS check.
Felony Convictions
A felony conviction is a permanent disqualifier under federal law, unless the individual has had their rights restored. This means that a felony conviction, no matter how old, will prevent an individual from passing a NICS check, unless their rights have been legally restored.
Misdemeanor Crimes of Domestic Violence
A conviction for a misdemeanor crime of domestic violence also prohibits an individual from owning a firearm. This prohibition remains in effect unless the conviction is expunged or the individual’s rights are restored.
Fugitive from Justice
If an individual has an outstanding arrest warrant, they are considered a fugitive from justice and are prohibited from owning a firearm. This prohibition remains in effect until the warrant is resolved.
Unlawful User of or Addicted to a Controlled Substance
Individuals who are unlawful users of or addicted to a controlled substance are prohibited from owning a firearm. This prohibition can be difficult to determine, but evidence of drug use or addiction can lead to a denial.
Dishonorable Discharge from the Military
A dishonorable discharge from the military can also disqualify an individual from owning a firearm.
Restoration of Firearm Rights
In many cases, individuals who have been prohibited from owning firearms can have their rights restored. The process for restoring firearm rights varies by state and depends on the reason for the prohibition. For example, an individual convicted of a felony may be able to have their rights restored after completing their sentence and fulfilling other requirements.
State-Specific Restoration Processes
Each state has its own laws and procedures for restoring firearm rights. Some states have automatic restoration processes, while others require individuals to petition the court for restoration. It’s important to consult with an attorney to understand the laws in your jurisdiction.
Federal Restoration Processes
Federal law also provides a process for restoring firearm rights in certain cases. However, this process is rarely used, as it requires an act of Congress.
Common Misconceptions About NICS Checks
There are several common misconceptions about how NICS checks work and how far back they go. One common misconception is that the NICS check only looks at the past seven years. As explained above, this is not the case. The NICS check looks for active records that indicate a disqualifying condition, regardless of how old those records are. Another misconception is that a clean NICS check means that an individual is completely free from any criminal history. A clean NICS check only means that there are no active records that prohibit the individual from owning a firearm.
The Role of State Laws in Determining the Scope of the NICS Check
State laws play a crucial role in determining the scope of the NICS check. States can supplement the federal NICS check with their own state-level databases, which may contain additional information relevant to firearm eligibility. States also have the authority to define which mental health records are reported to the NICS Index and how long they remain active. Finally, state laws govern the expungement and sealing of criminal records, which can affect the NICS check.
Conclusion: The Timeless Nature of Disqualifying Records
In conclusion, the NICS check doesn’t have a fixed “look-back” period in terms of years. Instead, it searches for active records in various databases that indicate a disqualifying condition for firearm ownership. Criminal convictions, mental health adjudications, domestic violence restraining orders, and other relevant records can impact the NICS check, regardless of how old they are, provided they haven’t been expunged or sealed and remain active in the relevant databases. Understanding the specific databases searched and the relevant state and federal laws is crucial for anyone seeking to purchase a firearm or seeking to restore their firearm rights. Ultimately, the NICS check is about determining current eligibility based on existing records, not about a specific timeframe.
How comprehensively does a NICS check review an individual’s past?
The National Instant Criminal Background Check System (NICS) aims to provide a comprehensive review of an individual’s background to determine eligibility to purchase a firearm. It checks various databases maintained by federal and state entities, focusing on factors that would disqualify someone under federal law. This includes criminal history records, such as felony convictions, misdemeanor convictions for domestic violence, outstanding warrants, and restraining orders.
The NICS check also examines information regarding mental health adjudications, dishonorable discharges from the military, and citizenship status. Furthermore, it reviews whether the individual is a fugitive from justice or under indictment for a crime punishable by imprisonment for more than one year. The completeness of the review relies heavily on the accuracy and accessibility of the data provided to the NICS system by various agencies.
What time frame does a NICS check typically cover?
While the NICS check is designed to be as comprehensive as possible, there isn’t a specific cut-off date for the information it reviews. The system aims to identify any prohibiting factors currently in effect that would prevent a firearm purchase. Therefore, it theoretically covers an individual’s entire adult history, but the practical effectiveness depends on the record-keeping practices of various jurisdictions.
The relevant information must be available in the databases accessed by the NICS system. If a disqualifying event occurred decades ago but is still on record, it would likely be flagged during the check. However, the likelihood of older records being readily accessible and complete can vary greatly depending on the state and the nature of the information.
Are juvenile records included in a NICS background check?
Generally, juvenile records are not directly accessible or included in NICS background checks. The primary reason is that juvenile records are often sealed or expunged to protect the privacy of minors and allow them a fresh start in adulthood. Federal law and many state laws restrict access to these records to prevent them from hindering future opportunities.
However, there can be exceptions. If a juvenile was tried as an adult and convicted of a crime that would disqualify them from owning a firearm, that conviction would likely be included in their adult criminal record and flagged during a NICS check. Similarly, if a juvenile adjudication resulted in a specific finding, such as a mental health adjudication meeting the federal criteria, it could potentially be considered.
How does a NICS check address expunged records?
The treatment of expunged records in NICS checks varies depending on state law. Generally, if a record has been legally expunged, meaning it has been officially sealed or destroyed, it should not appear during a NICS background check. The purpose of expungement is to remove the record from public view and restore the individual’s legal rights as if the event never occurred.
However, the NICS system relies on the accuracy of state records. If a state has not properly updated its records to reflect the expungement, the information could still be visible to the NICS. Individuals who have had records expunged should verify with the relevant state agencies that their records are accurately reflected in state databases.
If a person was previously denied a firearm purchase, does that denial stay in the system indefinitely?
A denial of a firearm purchase through the NICS is recorded in the system, but not necessarily permanently in a way that automatically results in future denials. The reason for the denial is documented, and the system uses that information to determine future eligibility. The information associated with the denial remains in the system for a specified period.
The length of time a denial record remains active depends on the specific reason for the denial and applicable federal regulations. If the reason for the denial is resolved (e.g., a restraining order expires, a conviction is overturned), the individual can appeal the denial. Subsequent NICS checks will consider the resolution, rather than simply relying on the initial denial.
What happens if a NICS check shows an incomplete or inaccurate record?
If a NICS check reveals an incomplete or inaccurate record, it can lead to a delay in the firearm purchase or a potential denial. In such cases, the applicant has the right to challenge the accuracy of the information and seek to correct the record. The process typically involves contacting the relevant agency responsible for maintaining the record, such as the state court or law enforcement agency.
The applicant may need to provide documentation to support their claim that the record is inaccurate or incomplete. Once the error is corrected in the relevant database, the individual can request a re-submission of their NICS check. It is crucial to address any inaccuracies promptly to avoid future delays or denials when purchasing firearms.
How do federal laws impact the “look back” period of a NICS check?
Federal laws establish the minimum criteria for firearm eligibility, effectively shaping the scope of the NICS check. These laws don’t specify a particular look-back period, but rather list categories of individuals prohibited from possessing firearms, such as convicted felons, individuals with domestic violence restraining orders, and those adjudicated as mentally defective.
Because the NICS check aims to identify if an individual currently falls under any of these prohibited categories, it theoretically searches the individual’s entire adult history. The “look back” period is implicitly as long as needed to ascertain whether any disqualifying events have ever occurred and continue to be in effect, aligning with the goal of preventing prohibited individuals from acquiring firearms.