How long does the expungement process take? 3 Answers as of May 23, 2011

I was wondering how to get my gun rights back. Was convicted of obstruction of justice 4 yrs ago. Done probation for 1 yr and haven’t had any problems. How do I get my rights back? Had to plead guilty because I feared for my family’s safety. They where used against me by the states attorney state investigator and judge. I live in southern Illinois.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You need to contact an experienced criminal defense attorney in Illinois. Every state's processes are different in this regard. In addition, in California at least an expungement by itself will not restore the right to own a gun if it has been limited by a particular conviction, again a matter of state and sometimes federal law.
Answer Applies to: California
Replied: 5/23/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
if you were given probation, this cannot be expunged. If you got supervision, and successfully completed it, you probably can get this expunged from your record. The process takes up to a year to complete, from the time you file until the court grants the expungement. In your county, it may proceed quicker. Talk to a representative at the Clerk of the Court in the county where the case was handled for instructions on how to proceed.
Answer Applies to: Illinois
Replied: 5/19/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
In California, expungement takes from weeks to months, depending upon the court involved. Not all states have expungement. BUT, if you were convicted of a felony, you are NOT going to get your gun rights back, no matter what state you live in, as you are a prohibited person barred by federal law from ever possessing firearms and ammunition. Since you say your gun rights were taken away, I have to assume it was a felony. If this wasnt a felony, and gun rights were taken away only by court order, then contact an attorney in that state to see if there is a procedure to use for restoration through a motion in that court.
Answer Applies to: California
Replied: 5/19/2011
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