Can I get my gun rights restored after getting a felony? 3 Answers as of February 22, 2011

In 1992 I was convicted of unemployment compensation fraud in Florida. I was making restitution when arrested. I paid off early and got off probation early. I got my rights back. Can I get my gun rights back? If I move to Texas, can I own a gun there without getting into trouble? It is a 3rd degree felony. Can I get this expunged?

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The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
In Florida, if you are a convicted felon, you cannot own a gun. It is a 3rd degree felony. You can only get the case expunged if the Judge withheld adjudication of guilty. If that is the case then you are not a convicted felon and can own a gun in Florida. Check your court paperwork, the Final Disposition paper should tell you if you were adjudicated guilty. If you need an attorney to represent you and your case is in the Tampa Bay area feel free to contact my office for a further consultation
Answer Applies to: Florida
Replied: 2/22/2011
Law Offices of Karen Kilpatrick
Law Offices of Karen Kilpatrick | Karen Kilpatrick
The restoration of the right to own, possess, or use firearms requires an application and you must meet the following eligibility requirements: (1) completion of all sentences imposed and all conditions of supervision have been completed or have expired for at least 8 years. This includes parole, probation, community control, control release, and conditional release. (2) you have no outstanding detainers, or any monetary penalties/liabilities that are in excess of $1,000 and result from any criminal conviction or traffic infraction.; (3) you have no outstanding victim restitution.

The above requirements apply to *Florida* convictions. You may request a waiver if not all 3 of the requirements above are met. The typical case takes a few months and it is within the discretion of the Clemency Board as to when or if they will restore your firearm rights. Factors that will affect the length of your case include whether the DA objects to your application, the age of the case, and the courts docket. Unfortunately, you cannot expunge a conviction. I'm sorry but I'm not sure what Texas laws are on the subject, since I'm only licensed to practice law in Florida. If you need help with your gun rights restoration, please let me know.
Answer Applies to: Florida
Replied: 2/22/2011
Bruce H. Lehr, P.A.
Bruce H. Lehr, P.A. | Bruce H. Lehr
The only way would be to wait until 10 years after the sentence and petition the governor's clemency board.
Answer Applies to: Florida
Replied: 2/22/2011
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