Title 5 Criminal Offenses
Subtitle 6. Offenses Against Public Health, Safety, Or Welfare
Chapter 73 Weapons
Subchapter 1 -- Possession and Use Generally
Title 5 Criminal Offenses
Subtitle 6. Offenses Against Public Health, Safety, Or Welfare
Chapter 73 Weapons
Subchapter 3 -- Concealed Handguns
5-73-309. License -- Requirements.
Title 16 Practice, Procedure, And Courts
Subtitle 6. Criminal Procedure Generally
Chapter 90 Judgment And Sentence Generally
Subchapter 9 -- Expungement and Sealing of Criminal Records
16-90-902. Effect of expungement.
18 U.S.C. 921(a)(20) provides:
"Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms."
Yes.
Getting a felony expunged doesn't make it go away - it simply limits access to that record. A felon with an expunged record is still a felon, and is still prohibited from purchasing, possessing, or being allowed access to firearms and/or ammunition. That's a federal law, and it does not vary between states.
You need to go to an attorney and/or the court and have your felony expunged from your record. This costs a fee and is ultimately a judge's decision.
The short answer is, a felon cannot own a gun in where in the U.S. 5 years? No. The felony does not go away. Sometimes it is expunged, but expunged doesn't normally mean "no longer exists." It simply means it's not available to the public, but it is usually still available to law enforcement.
A felony does not go away unless the conviction is expunged from your record by govt. officials. Because of this, it doesn't matter how long ago you were convicted of a felony, owning, purchasing, or being in possession of a firearm is illegal.
Yes.
no.
No
Not unless he has requested that of the state that his felony record be expunged and requested that his gun rights be restored. If the person was a convicted FEDERAL felon, they will not be able to - no mechanism is in place for granting federal felons a restoration of their rights.
Have your record expunged or the conviction overturned.
Not unless you've petitioned the state to have your firearms rights restored. BTW; Expungement only removes your record from the public portion of your records, law enforecement, the courts, and government agencies still have access to it.
Check with a local lawyer to be sure.In general terms, a sealed record still is a record, just not accessible to the public. Usually, a restoration of gun rights requires that a record be expunged rather than sealed.Another View: In terms of being sealed or expunged it makes little difference. Such records, when sealed or expunged only render them unavailable to members of the general public.The courts, law enforcement, and government agencies always have access rights to these records. You would have to obtain a pardon from the governor of the state in order to qualify.