Restoring Your Firearm Rights When You Have Been Deprived Of Them
All of us are taught at a very young age that all Americans have certain rights. We are also taught that no American is denied these rights. However, after you were convicted of a crime you found out that there was indeed an exception to this rule. There is a class of people that are denied. You know this because this unfortunate circumstance applies to you.
At The Law Offices of Smith & White, PLLC, we understand that you have probably been through an ordeal. If you’ve ever been convicted, you likely lost certain civil rights. However, after the case is closed, there are some things that you can do to restore your civil rights. The right to vote, the right to serve on a jury, and the right to possess firearms were taken from you at conviction. Let us help you get over the legal hurdles to get your civil rights restored.
Following a criminal conviction, you have some options for getting your civil rights restored. It will depend largely on the type of conviction you have as well as your sentence. Three of the options that our attorneys will explain to you are:
- Vacating the conviction. Vacating a conviction basically means that it will get overturned. The Tacoma criminal defense firm of the Smith & White will work hard to get your conviction overturned.
- Certificate of discharge/case closure. This is the first step towards getting a record vacated or your civil rights restored. In order to restore your rights, you will have to prove that you have completed every part of your sentence. We will help you to obtain the proper documentation so that we can prove that you have completed your community service, treatment programs, and payments of fines or restitution.
- Restoration of firearms. This is a tricky area of law as you can have lost your right to possess firearms under both state and federal law. Restoring it in one court does not automatically restore your right in the other. Consult with our expert Tacoma criminal defense attorney if your constitutional right to possess a firearm is important to you. See below for more information.
- Governor’s or Presidential Pardon. Being convicted of a crimes allows for the rare option of receiving a Governor’s Pardon, (or Presidential Pardon in the case of Federal Offenses) granting you your civil rights back.
The Right To Possess Firearms
The right to possess firearms might be one of the hardest rights to regain. Someone who was been in convicted of a Class B or C felony, any domestic violence, as well as other misdemeanors have a set of requirements that they must meet to get your civil rights restored. (Class A felonies cannot have their gun rights restored.) Those requirements are:
- Having a certain amount of time pass – three years for a misdemeanor, five for a felony
- Having no pending criminal charges
- Having no prior felonies that prohibit you from possessing firearms
Get Your Rights Back With Our Help
At The Law Offices of Smith & White, PLLC, we will dedicate ourselves to helping you regain your civil rights. Contact us to schedule your free consultation. Call or email Smith & White – your free case analysis awaits you.