How can I get my rights back after a felony charge?

Question

I was convicted of felony false statements,went to jail once while on probation for violation of that probation. Since then I have stayed out of trouble and finished my probation. I like to hunt and would like to buy a new gun but don't know if I can. What can I do to get my rights back?

Michael Palumbo · Answer

You can retain our office to make an application for a relief from disability.

Michael J. Breczinski · Answer

You should talk to a lawyer there are several ways to do this and it depends on the nature of your convictions.

Jared Altman · Answer

There's not really anything that you can do.

Roianne Houlton Conner · Answer

The only way to get your rights back is to be pardoned by the Alabama Department of Pardons and Parole.

Thomas Tomko · Answer

There is a statutory method for a person who is convicted of a felony to get permission to won a gun for hunting.  Also, you may be eligible for an expungement.  You should hire an attorney to review the procedures and eligibility.

Eric Chandler · Answer

You can request a pardon.  My guess is that your conviction was likely in State court if it was for False Statements; if so, you need to send a request to the State Board of Pardons.  Most states detail the application process on their websites.  Pardons are typically pretty tough to get.

Craig Elhart · Answer

After 5 years from the date of conviction, and assuming this is the only conviction, you could petition the court to expunge the record.

Daniel Kieth Martin · Answer

The answer to this question depends on the type of felony that you have been convicted. If you have been convicted of straight felony there is a different procedure. However most felonies are woblers, or felonies that could be charged as a felony or misdemeanor.  If you were convicted of a wobler the process of regaining your rights is as follows:  1. Complete probation and pay all of your fines and fees.  2. Prepare a motion pursuant to Penal Code 17(b) to reduce the felony to a misdemeanor.  3. In addition to the motion to reduce the case to a misdemeanor, you will also file a motion to dismiss the case case pursuant to Penal Code 1203.4  The motion should include evidence of what you have done to rehabilitate yourself.  If the motion is granted you do not have to report the conviction to potential employers, however there are some exceptions. You should consult a criminal defense attorney to discuss the reporting requirements for people who are granted this relief.

Jared Austin · Answer

In Michigan, if the felony is non-violent then you have to wait three years and make sure all the terms of your probation are met and all costs are paid before you can purchase or be in possession of a firearm. If it is a violent felony that you were convicted of, then the waiting period is five years.

Michael Morgan · Answer

for a detailed answer go to www.washingtoncriminallawreview.com

Eric Sterkenburg · Answer

Persons Convicted of Felonies or Other Specified Crimes Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm . (Penal Code  12021(a).) So not only can you not buy a gun you have to get rid of the ones you may have.

Timothy Klisz · Answer

You cannot own a gun as a convicted felon that won't change unless the conviction is set aside.

Stephen Freeborn · Answer

You need to do what is called an expungement, if the type of felony you were convicted of allows for such.  The following felonies are not subject to expungement:  crimes of violence, ie., rape, molestation, sexual assault, felonies in which a weapon was used.  If you are eligible then you must wait a minimum of 5 years AFTER you have been released from probation, and during that 5 year period you have had no violations of the law ANYWHERE, including other states.

Christopher McCann · Answer

Unfortunately your chances are almost non-existent. Federal law will ban you from owning a gun for life if you have a felony on your record. Generally speaking, and with extremely limited exceptions, a felony in California will be considered a felony under federal law. Your only hope is to get the charge reduced to a misdemeanor (if possible), expunged, get a Certificate of Rehabilitation granted, and then a governor's pardon. All are quite possible except for the pardon. The last few governors of California have given out only a handful and all for political reasons.

Dennis Roberts · Answer

You will always be an ex-felon so you can never own a gun.Even if you expunge  the conviction.Not only is it a California crime but it is also FEDERAL. No  more hunting though I guess you could go if you didn't carry the gun. If you go  to a regular gun shopmany will run your name and report you.

James Schoenberger · Answer

You must wait five years after completing all conditions of your sentence on a class C felony to petition the court to restore your firearm rights. It is ten years on a class B felony.

Charles Shaw · Answer

After five years with no further criminal convictions you may apply for expungment.

Ryan Stevens · Answer

To have your rights restored in Arizona, you should consult with an attorney.  There is a complicated application process based on several statutes.  I have successfully restored many convicted felons' rights, including gun rights in some instances, and have even prevented deportation proceedings by having convictions set aside and rights restored

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How can I get my rights back after a felony charge?

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