Even if this dirt bag has had a felony charge expunged, he was a convicted felon when he was shot and should be in jail for felon in possession of a firearm. I think it was/is a felony for him to even attempt to purchase a firearm.
It's not just possession that he was guilty of; he committed felony riot and was an accessory to arson while wielding the gun. He was also guilty of associating with other another convicted felon, the pedophile that attacked Kyle Rittenhouse. (Not associating with other felons is usually a term of parole).