QUESTION

Who can help me get my restoration of rights, firearms rights, and pardon, for a conviction of embezzlement in 2003? Can A lawyer help me?

Asked on May 08th, 2012 on Criminal Law - Virginia
More details to this question:
convicted in 2003, probation till 2006
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Please understand that addressing your situation will be a multi-step process.  Based on the limited information you have provided, it would appear that you are eligible to take the first step, which is petitioning the Governor of Virginia for a Restoration of Rights.  We would of course need to see your conviction and sentencing order, as well as documentation of your probation history to confirm eligibility.  Assuming you are eligible, we can assist you by filing a petition with the Governor, which he and his office will take anywhere from four to twelve months to review and decide upon.  If the petition is successful, you will regain all of the rights you lost when you when convicted (right to vote, right to sit on a jury, right to hold elected office, right to serve as a notary public, etc.) EXCEPT that you will still be ineligible to buy, sell, possess or own firearms.  If the petition is successful, you will then be eligible to seek a Pardon from the Governor for your crime.  The pardon does not erase or expunge the conviction from your record; rather, the pardon is simply executive forgiveness for your criminal offense against Virginia.  The pardon process typically takes just as long, if not longer, than the Restoration of Rights process (i.e. 4-12 months).  The issuance of the pardon will enable you to restore your firearm rights by then petitioning the court in which you were originally convicted of embezzlement.  You can expect the circuit court process to take a similar timeframe as well. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 09th, 2012 at 4:24 PM

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