How can I get my rights back after a felony charge? 40 Answers as of July 09, 2013

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?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally convicted felons cannot own a weapon. However you may be able to get a Certificate of Relief from Civil Disabilities which may allow you to own a weapon and vote and certain other rights. You should hire an attorney.
Answer Applies to: New York
Replied: 10/21/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
After a statutory period of ten years, the criminal restriction in the State will expire, however the Federal prohibition may still be in place. You are governed by both State law and Federal law on this issue. You should consult with an attorney experienced in Federal rights.
Answer Applies to: Kansas
Replied: 9/6/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
A motion can be filed under Penal Code section 12021 to restore gun rights. There are limited reasons for restoration under the code. We charge $2500 to write file and argue the motion.
Answer Applies to: California
Replied: 9/5/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It will be difficult. First you will need to obtain an expungement under Penal Code section 1203.4. Then after a waiting period you can apply for a Certificate of Rehabilitation in the county where you live. Then depending on the offense you may need a Governor's Pardon, which is difficult to obtain. You really need to consult and possible retain an experienced certified criminal law specialist to prepare a long range plan and timetable.
Answer Applies to: California
Replied: 9/3/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
You can retain our office to make an application for a relief from disability.
Answer Applies to: New York
Replied: 7/9/2013
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Yes, California statute allows for a procedure to petition the court for restoration of legal rights that were lost as a result of a felony conviction. Every situation concerning a felony conviction is unique and must be analyzed on a case by case basis.
    Answer Applies to: California
    Replied: 9/2/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    There is no crime of "false statements". There is perjury and other crimes, but you cannot own or buy a gun if you are a felon. New York does not want felons to have guns.
    Answer Applies to: New York
    Replied: 9/2/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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.
    Answer Applies to: Michigan
    Replied: 9/2/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Technically a felon can own a gun 5 years after the end of of the sentence imposed by the court for the felony conviction. Hire a lawyer.
    Answer Applies to: Texas
    Replied: 9/2/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Apply to get your civil rights restored. Most criminal defense lawyers can assist with this.
    Answer Applies to: Oregon
    Replied: 9/2/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You will need to petition to have your civil rights reinstated with restoration of gun rights. The process starts with preparing all of the needed forms at the State probation office and concludes with a hearing in Montgomery. The State Department of Pardons and Paroles makes the decision to reinstate civil rights and restoration of gun rights.
    Answer Applies to: Alabama
    Replied: 9/2/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    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.
    Answer Applies to: Nebraska
    Replied: 9/2/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Really the only way is to get a pardon to have your rights restored. May want to make sure it was a felony conviction that is on your record.
    Answer Applies to: Nebraska
    Replied: 9/2/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    When a person is convicted of a felony, they lose important civil rights, including the right to possess a firearm. After a convicted felon has been formally discharged from his or her sentence, civil rights are fully restored the same as though the conviction had never taken place. A discharge can occur by order of the court or upon expiration of the sentence. The civil rights that are restored to a citizen include the right to vote, hold elective office, and possess a firearm. There is one exception to this rule. If you have been convicted of a crime of violence, Minnesota law prohibits you from shipping, transporting, possessing, or receiving a firearm even if you have been successfully discharged from your sentence. This law has a devastating effect on the rights of all Minnesota hunters who made a mistake at some point in their past but have since become law abiding citizens. A crime of violence includes felony convictions for offenses such as murder, kidnapping, assault, and criminal sexual conduct. A person who has been convicted of a crime of violence has the right to file a petition with the court for relief from this oppressive law. This news is welcome relief to the many thousands of hunters across this great state who want to restore their hunting rights. A skilled criminal defense attorney can file a petition with the court for the judicial restoration of your right to possess a firearm and to hunt again. A court may grant relief upon a showing of just and good cause to do so.
    Answer Applies to: Minnesota
    Replied: 9/2/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    The only way to get your rights back is to be pardoned by the Alabama Department of Pardons and Parole.
    Answer Applies to: Alabama
    Replied: 9/2/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    After 5 years from the date of conviction, and assuming this is the only conviction, you could petition the court to expunge the record.
    Answer Applies to: Michigan
    Replied: 9/2/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    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.
    Answer Applies to: California
    Replied: 9/2/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    With a felony conviction, get a pardon from the governor. Good luck.
    Answer Applies to: Georgia
    Replied: 6/11/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 9/2/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Generally as long as the felony wasn't assault-related, once you have completed probation your rights to vote and own a firearm are restored. I suggest you consult with the probation department to verify the situation.
    Answer Applies to: Minnesota
    Replied: 9/2/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    for a detailed answer go to www.washingtoncriminallawreview.com
    Answer Applies to: Washington
    Replied: 9/2/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There's not really anything that you can do.
    Answer Applies to: New York
    Replied: 6/11/2013
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Upon completion of your sentence, you should receive a certificate of discharge from the State restoring your civil rights. However, in order to restore your right to possess firearms, you have to petition the court where the conviction occurred to restore your firearms rights.
    Answer Applies to: Washington
    Replied: 9/2/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you finished probation and paid all legal financial obligations at least five years ago you can file a petition to withdraw and dismiss the felony and a second petition to restore your firearms rights. Once those have been granted, you should be able to buy a firearm within about 30 days. If you need help, I practice in that area and would be happy to help you.
    Answer Applies to: Washington
    Replied: 9/2/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Unfortunately, you will never be near a firearm again, for life. I suggest you purchase a cross-bow.
    Answer Applies to: California
    Replied: 9/2/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    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.
    Answer Applies to: California
    Replied: 9/2/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    You can apply for a restoration of civil rights, through the Florida Clemency Board. After your civil rights are restored, you can apply to restore your firearm rights. It's a two step process.
    Answer Applies to: Florida
    Replied: 9/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You should talk to a lawyer there are several ways to do this and it depends on the nature of your convictions.
    Answer Applies to: Michigan
    Replied: 7/9/2013
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You cannot own a gun as a convicted felon that won't change unless the conviction is set aside.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 9/1/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I assume you are talking about an FOID card, and the right to bear arms legally. Unfortunately, you will never get that FOID card, as you are a convicted felon. If you possess a firearm or even ammo, you are subject to enhanced classes of felonies, if caught. You cannot get the case expunged, however, in time, you might get the chance to petition the court to seal your conviction The only way you could clear this )and I presume you are talking about Illinois, as I do not know the laws elsewhere in the US, is to ask for a governor's pardon, and the chance of getting that is virtually 0%.
    Answer Applies to: Illinois
    Replied: 9/1/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    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.
    Answer Applies to: California
    Replied: 9/1/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You may not own a firearm or even possess one. To be able to do , you will have to obtain a pardon from the govenor. That may not allow you to own one or possess one under federal law.
    Answer Applies to: California
    Replied: 9/1/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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.
    Answer Applies to: California
    Replied: 9/1/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    After five years with no further criminal convictions you may apply for expungment.
    Answer Applies to: Michigan
    Replied: 9/1/2011
    Stevens Law Office, PLC
    Stevens Law Office, PLC | Ryan Stevens
    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
    Answer Applies to: Arizona
    Replied: 9/1/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    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.
    Answer Applies to: Washington
    Replied: 9/1/2011
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