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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Civil Rights Restoration After a Deferred Sentence

    My question involves criminal law for the state of: new mexico

    i am currently serving 3 years of probation, for two third degree felonies. my sentence has been deferred. my question is this: after successful completion of probation, will my right to vote and my right to bear arms (specifically, handguns) be fully restored?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,902

    Default Re: Civil Rights Restoration After a Deferred Sentence

    According to the Sentencing Project, "firearm restoration is automatic ten years following the conviction, or upon an express restoration of firearm rights in a pardon. N. M. Stat. Ann. § 30-7-16; see Op. N.M. Att’y Gen. No. 92-09 (1992). The governor may, in appropriate cases, release a person from the provisions of § 30-7-16 if the conviction is a New Mexico conviction, but not a conviction under the laws of the United States or another state. Firearms rights also restored when sentence deferred and charged dismissed pursuant to § 31-20-9."

    Note that you will have to verify that your civil rights have been fully restored as defined by federal law, or you may remain subject to federal restrictions. That's going to depend upon the exact nature of your disposition, and whether there are any other civil rights that are not restored despite the restoration of your firearms rights.

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