Removal of Felony from Criminal Record to Restore Gun Rights

[savon3]

i have a felony b&e of a motor vechile on my record from when i was 19or 20yrs old im 32 right now n have no other felony charges at all on my record,i have traffic tickets only ,i have been looking to see how i can go about clearing that off my record if at all possible,n how i would go about it ,i now live in ky,last yr imy company i worked for had a job in wash n while there we had a guy come in to r hotel n rob us in the cousre of the robbery he shot n killed my formen in front of me ,since then ive been thinking of what i can do to get my firearm right restored,to me n clearing my record so i can own a legal gun again ,i beleave my felony is a low class felony im not sure that was my first charge ever in my life ,,i dont know who or were i can look to for any help on this matter , who would i contact to see about clearing my record n regaining my right to have a firearm again ??

[Mr. Knowitall]

It doesn't look promising.

A state or federal felony conviction also results in the loss of your right to possess a firearm. While some states restore this right at the state level, you cannot regain the right at the federal level, unless your state conviction has been expunged or set aside, you have been pardoned, or your civil rights have been restored and the restoration order does not exclude possessing or purchasing a firearm. Unfortunately for you, the restoration of civil rights in Kentucky does not give the you the right to purchase, own or possess a firearm.

You should discuss your situation with a local lawyer to see if the law has changed, or if any other avenue of relief is available to you.

[savon3]

im looking to clear the felony charge i have from mich when i move back there this yr ,n im wondering if i can do that ??/ as well as see about restoreing my firearm rights back there in mich ,,any help with info would be helpful thank u

[Mr. Knowitall]

So the charge you described earlier as your one felony charge wasn't your only felony conviction? Michigan won't expunge a record if you have more than one criminal conviction. You may be able to get relief from the county gun board in the county in which you reside, or apply for a pardon (but getting a pardon in Michigan appears to be a long shot.)

[savon3]

no i only have the one in mich from when i was 19 or 20 yrs old

[Mr. Knowitall]

If that is your only criminal conviction - not your only felony conviction, but your only criminal conviction, misdemeanor or felony - you may qualify for Michigan expungement.

[savon3]

that is the only thing i have ever been convicted of as a crime , i only have traffic tickets since then no other crime ,what is this expungement u r talking about??what will this do for me ??ive never heard of it ive have only just started to look into doing something about this felony i have.. i have no other felonies at all,also what do u mean by haveing the stae conviction set aside or expunged

[Mr. Knowitall]

If you don't understand the basic terms and concepts associated with the restoration of rights, I suggest you retain a lawyer to assist you.

[Courty076]

Make sure after your State gun rights are restored,and then see if you can get your Federal gun rights fully restored also.Your charge or charges would have to go threw a process of Clemency first "set aside,pardon,or it was witheld adjudication" then get your rights restored after threw the process.Make sure you get the Federal rights restored also becasue the Feds dont play with that issue especially on Firearms.Talk to a good Attorney on making sure all your rights get restored,and its done threw the proper channels of the different Clemency Boards and the courts.

[Courty076]

Make sure after your State gun rights are restored,and then see if you can get your Federal gun rights fully restored also.Your charge or charges would have to go threw a process of Clemency first "set aside,pardon,or it was witheld adjudication" then get your rights restored after threw the process.Make sure you get the Federal rights restored also becasue the Feds dont play with that issue especially on Firearms.Talk to a good Attorney on making sure all your rights get restored,and its done threw the proper channels of the different Clemency Boards and the courts.

If the State restores your gun rights,try to see if the Feds do after under C.F.R. 478.144 on sole discretion,everything looks good far set aside,pardon,clemency good under that code exept withold adjudication because the Federal doesnt reconize withelds etc.-but you might be able to under 478.144 with a witheld under sole discretion then the Federal Judge or Adminstrated Superior grants you your rights and you would be good to go.Very techincal laws and very important to have check out first to make sure your legal for firearm laws thats why both State and Federal restoration is important to have covered.