If a felony conviction is expunged can the person own a handgun?
Normally as long as the person has no felony record, they can own a firearm. A case sealed or expunged has the same effects as not having occurred in the first place. So, in short, the answer is yes.
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Each state has its own laws concerning the ownership, possession,or the transportation of firearms. Many states allow a convictedfelon to own or possess a firearm once their s…entence is completed,while other states do not have such provision, or you may have toapply to the Governor or another panel, like the Clemency Board. Federal laws prohibit firearms dealers from selling firearms toanyone convicted of a felony, which they define as any crime thatis punishable by at least one year and a day in prison, even if thefelon served less than that time.
It depends on what the charge is.
In the US, Federal law (Title 18, US Code, Section 922) provides that a person convicted of a felony may not possess a firearm. You can OWN one, but not possess one. Many stat…es DO have a process where a person that has been convicted of a felony may apply for a restoration of their right to own a gun. No such provision is made for convictions of Federal law. You WILL need an attorney in your state to provide effective legal guidance in this.
File a petition/motion with the court giving good legal valid reasoning why your request should be granted.
No, they cannot.
I'm not familiar with the term wobbler, but you are a convictedfelon, you cannot own a handgun in any state in the U.S. unless youhave had your rights to do so restored, which… is (relatively)uncommon. If you have had your rights restored, you would know it,because there is a process you have to go through to do it. It'snot something that just happens. DISCUSSION: A wobbler is a type of crime that can upgrade itsseverity due to one or more factors, such as the value of thestolen item(s) (theft), quantity and type of items in possession(drugs), the number of previous convictions for the same crime(theft, drugs, prostitution), the type of victims who were affected(urinating in public, sexual crimes against children, elderly, orthe disabled; battery on a law-enforcement officer).
Some, but not all, felony offenses can be expunged IF you qualify. See below link:
Let me begin by saying the most felonies are not eligible for expungement. That being said, In Illinois, you may have your arrest record expunged if the arrest did not result… in a conviction. If it did result in a conviction, you may have the record expunged 2 years after the completion of your sentence, after a period of court supervision. This procedure applies to all felonies, and Class A and B misdemeanors, as well as local ordinances. It does not apply to most traffic violations, including DUI's. If you do not fall into one of these categories then you may not get an expungement.
If an otherwise felon's case is expunged, they may own a firearm,provided there are no other felony records. Expunction of a casegives it the same effects as no case to begin …with. The same istrue if a case is sealed vs. expunged. A sealed case means thatonly certain law-enforcement or Government agency can view it.Another type of conviction is known as adjudication withheld,meaning that if the otherwise felon successfully completed theirprobation and other sanctions, there would be no record of guilt,though the case may still be viewable by the public. However, anadjudication withheld case allows the person to own or possessfirearms, barring any other types of firearm restriction, such as adomestic violence offense.
The general answer is no, but it is possible, sometimes, to have your gun rights restored. Check with a local attorney for more information.
It depends on what the details are. If you have no felonies or misdemeanors on your record, you should be able to buy a handgun. If you were arrested for something but never c…onvicted, or if the charges were dropped, you can buy a handgun legally. -------------- Added: The questioner doesn't reveal in the question if they were arrested for a felony offense or not. If they were , they would not be able to legally possess a firearm until the case was adjudicated one way or the other.
In general, any felony makes you inelligible to own a handgun.
In State Laws
Getting a conviction expunged does not restore your firearms rights. All it does is keep your conviction out of sight to the general public - you still remain a convicted felo…n, and thus may not own, possess, nor have access to firearms. This is federal law, and does not vary between states.
In Criminal Law
I am not a lawyer. What can be expunged depends on your state. For example, your state may only allow Class C felonies to be expunged, and not Class A or B. The nature of th…e crime may also be a factor (regardless whether it is a misdemeanor or a felony). For example, sex related crime may not be expungeable.
In Criminal Law
If it's has just been expunged, no. In order to own a gun after a felony, you must petition to have your rights restored, which is not the same thing as an expungement.
In Federal Laws
What if you were arrested but never convicted with a felony and the charges were dismissed or expunged can you get a handgun permit?
Generally speaking, yes. If you were never convicted, you can obtain a permit. If the charges were expunged, it depends. Expunged is not necessarily the same as having your ri…ghts restored.
Having it expunged doesn't restore your firearms rights - you remain a convicted felon, and thus, are prohibited from possessing a firearm under federal law. If it is only a f…elony at the state level, it MIGHT be possible to have your firearms rights restored. You'll need a lawyer to give you a more insightful answer here. If it's a federal felony, you can pretty much forget it.