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To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do your own esearch to learn if this applies to your state), you will still remain subject to whatever restrictions your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). FEDERALLY CONVICTED FELONS - CAUTION: Regardless of what rights your state may restore, if you were convicted in FEDERAL COURT of a FEDERAL FELONY - it is a felony crime for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has effectively eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

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14y ago
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15y ago

The state has nothing to do with it - it is a federal crime (US Code, Title 18) which prohibits convicted felons from ever owning or possessing firearms or ammuntion.

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11y ago

A felon shouldn't even have a gun

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Q: How does an felon gain gun rights back in New Mexico?
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