More details to this question:
I was convicted of "misapplication of funds" when working in a bank in Seattle in 1967. I believe this to be the correct date. I would like to have my gun rights restored so I can go hunting in Montana with my cousins. Additionally, my wife, Carol, would like to purchase a pistol but is afraid to do so because it might come back at me. I would also like to clear the record, if that is possible. I am not sure how a felony expungement works, or if I would qualify. If I would qualify I would be interested in this as well. I did get a DUI approximately 33 years ago. I mention this in the event this would have an affect on the above. At that time there was no jail time, just a ticket with a fine.
4 ANSWERS
Restoration of the right to posses a firearm is a rather simple process of obtaining a copy of your criminal history and petitioning the court for restoration. A certain amount of time must have elapsed after a criminal conviction, 10 years for a class B felony and 5 years for a class C felony. Expungement is also a petition to the court and is covered by the RCWs. See, also, http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords for more information
Answered on Jun 23rd, 2011 at 10:28 AM
Your eligibility for an "expungement" of a felony depends upon the level of the felony, and the number of years during which you have managed to remain "crime free". For example, for a C felony, you must remain out of trouble, and with no new charges, for a period of at least five years following your discharge from probation, or parole, in order to be eligible. From what you have described, it appears that you are likely eligible. As far as your gun rights go, a petition must be filed on your behalf for restoration of those rights. The eligibility requirements are similar, but different in some ways. Both expungement and restoration require petitions filed with the court of record, that is to say, you must be filed in King County superior court.
Answered on Jun 23rd, 2011 at 9:17 AM
Criminal Attorney serving Bellingham, WA
at
Andrew Subin Attorney at Law
Update Your Profile
Relatively easy matter. You have to have your felony convicted vacated and your civil rights restored. In most cases, I can do this for people for under $500.
Answered on Jun 23rd, 2011 at 9:08 AM
Criminal Defense Attorney serving Seattle, WA
at
The Law Office of Michael Morgan, L.L.C.
Update Your Profile
You need to make a motion and provide a proposed order normally to the same court that entered the sentence. There are certain requirements (such as you have satisfied the conditions of your sentence) to get the conviction vacated and your right to possess a firearm restored. You also may want to consider having applying to have your arrest record expunged.
Answered on Jun 22nd, 2011 at 11:18 AM