THE GUN LAWYER: Felony Expungement & Hunting

THE GUN LAWYER Derek DeBrosse answers a viewer's question about being able to hunt after having a felony expunged.
Please feel free to contact us at:
MUNITIONS LAW GROUP
Cheshire DeBrosse, P.C.
503 South Front Street, Suite 240B
Columbus, Ohio 43215
Ph: 888.399.7863

The information contained in these videos is not legal advice nor should it be construed as legal advice. You should contact your own attorney should you have any legal questions concerning firearms. Please be advised that the laws discussed in these videos change from time to time and at some point the information may be out of date. You are advised to contact your own attorney before relying on any information herein.

[DavidMTheKrucifix]

Ok, here we go again educating the masses. If something is a RIGHT you can't loose it in the first place! In that, I hear so many saying "gun rights", if you can loose it or have it revoked or suspended, it is NOT a right, but a privilege given to you by someone else! The masses need make a to make a decision, either it's a RIGHT, in which it can't be taken away or hindered, or it's a privilege.

Also, concerning the US Constitution and it's Second Amendment, please re-read it concerning the last part "... shall not be infringed".
To educate you a bit more, so it is understood what the word means, here is the LEGAL defination of infringe "The encroachment, breach, or violation of a right, law, regulation, or contract."

A convicted person, regardless of the crime, should after serving their sentence, not be construed as a lesser citizen. Felons and some misdemeanors revoke rights, if a "right" is revoked, it was NEVER a right but a privilege, simple as that.

[markdavid]

Hello my name is mark, back when I was 18 I made friends with the wrong people and something happened and I was charged with a felony, I'm 37 now and have not had any further trouble, I served my time, pay my price , I'm not a bad person not a criminal, I had got into drugs, today I do not do drugs I pay my taxes and don't break the law, can I get my rights back or after a certain time did I get them back, thank you for your time.

[matthewpowell]

I paid a lawyer in indidna to have my d felony dropped to a misdemeanor I want my gun rights back he suggested we have the felony dropped to a misdemeanor m I gonna be able to purchase a gun? It's non a violent crime

[phillipthompson]

Well Derek I just called your office at 1:30 pm 12/29/20 to ask one simple question in regards to a misdemeanor Domestic Violence that happened 25 years ago regarding my runaway teenage age daughter at that time. But I guess to ask a simple question it's going to cost me $200.00 to see if I'm even going to use your services. This just lost you a customer.

[kiloalphatango]

In the state of Ohio. Can someone not consent to being temporary disarmed during a Traffic stop or a foot?

[chrisdykstra]

What about a dishonorable discharge, awol. I had medical issues and kept getting RTD. I ask my captain twice for a general discharge nothing came of that. Medicine and injections did not work so I turned to alchahol, needless to say I blacked out and did things I didn’t even know I was doing. I have been discharged since 2009 and here just a couple of years ago I had a 5000 dollar surgery and am in better health than I have ever been in. Can I appeal the decision due to medical negligence?

[jamesvick]

What's the number to your office I live in KY and would like to hire have my record sponged or sealed so I can hunt and feed my family again

[louisjordan]

to the guy speaking, speak plane English. Stop speaking legalese and speak in plane English.

[sacareapyro]

domestic violence is one of the only misdemeanor charges that carries a lifetime prohibition from guns ur fkt for life if you have that on your record regardless if it's a misdemeanor that happened 100yrs ago

[cmacnnm]

I reaching out I have no help from California my life is in ruins

[timdixon]

Can a felon in Ohio own a cap and ball revolver? I looked up the Ohio revised code and as far as I can tell, the fact that it is black powder makes it a non firearm. What does the real life experience tell you? Please please answer.

[TheOkieobrien]

I live in VT, i have a class B Felony, its been 10 yrs, is it possible that i will ever be able to rifle hunt again ?

[cliffthegodofwar]

Oh yeah the charge is felonious driving the thing is the judge told me it would be expunged at the end of my probation but I was told that the law changed and it can no longer be expunged

[keepitreal]

Is it a felony if you were sentenced to less than a year?

[SuperDiesel]

Waiting on my record to be sealed. They said it could take 6 months. Common?

[Dave_A]

I have a non violent felony from NJ in 2013 haven't been in trouble since. I lived in Ohio now 2years... can I have my rights restored....

[francispressly]

This is all very confusing for anyone reading piecemeal bits from here and there and no one in authority will give you direction or advice. Different agencies even different lawyers have different opinions. I have two armed robberies with associated gun charges. One was in SC, the other in Virginia. I had fourteen felonies in total. I had NO FEDERAL CHARGES. I have received a full pardon from SC. In Virginia the process is more drawn out. First you have to wait a certain number of years after getting off parole and probation (in SC and VA it's five years). Then you apply to the governor's office for a "restoration of rights" and after a nine month investigation they will either confirm or deny your restoration (this restores your civil rights to vote, be a notary, hold public office, serve on a jury, etc.). Then if you want your gun rights restored, you have to petition the Court you were convicted and sentenced in. The Court will schedule court time, perform it's own investigation and decide, with input from the State's attorney, if you should have your gun rights restored. All of that takes about eighteen months and I had my gun rights restored. THEN... I had to apply to the Governor of Virginia for what Virginia calls a "simple pardon" (opposed to an "actual innocence" pardon where you can prove your innocence). You have to have your civil rights AND gun rights restored before you can apply for the simple pardon. The simple pardon took a two year investigation; but, I was subsequently granted a pardon in Virginia. Every State is different so you just have to research the jurisdictions that affect you. Someone convicted of a Federal crime would have to pursue a pardon with the President of the United States. Forget expungement...just forget about it if you have any felonies and plead guilty or were convicted in a trial. Unless you have a very limited scope of a crime (misdemeanor possession of marijuana) or are found not guilty or your charge was nolle prosequi, expungement is an adjudicatory action seldom given. It is spelled out by law the limited circumstances it can be granted (and it usually involves pretrial intervention programs). The only felonies I have ever seen expungements granted for is if they were found not guilty or the State decided not to prosecute (nolle prosequi).

That doesn't mean lawyers won't take your money to represent you. They know if expungement is available when they talk to you in the first 30 minutes. They also know however, the laws are so complicated and counter-intuitive the average person is lost. Expungement requires interacting with a judge in a court, which most people are uncomfortable with and may need an attorney just to advise procedurally what to do. A pardon application is like filling out a job application. Getting copies of your record from your State police or email the Clerk of Court in the jurisdiction you were convicted and they may send you digital copies. Get three of the best people references you can.

Now as far as the bit about the ATF/Attorney Generals office not appropriating money to fund paying people to look at requests sent to ATF/Attorney General's office regarding removing disabilities. This is a little misleading. No where in the laws or Rules does it say ATF/Attorney General has any say/control over resolving disabilities. They will not help or facilitate regaining your firearm rights; however, look at it like there is no one there to HINDER you either. So making sure the FBI receives notice from the Office of the POTUS when you are pardoned is on you. Make sure it happens.

When you are convicted in State or Federal Court of a crime carrying more than i year in prison you gain a "disability." If you have a disability showing on NCIC (which is controlled and managed by the FBI) you cannot legally own a gun or ammunition. The FBI is the holder/disseminator of your record and associated disabilities. State authorities submit convictions and commitments orders to NCIC as well as pardons and/or restorations of civil and gun rights. When the State sends a pardon or restoration of rights notification to the FBI and it is entered as a notation on your NCIC report IT AUTOMATICALLY REMOVES ANY DISABILITIES YOU HAVE RELATED TO THAT CRIME (and the law reads if you have been pardoned or your rights restored it is as though you have never been convicted of that crime, as far as disabilities are concerned). Once the FBI notates your NCIC that you have been pardoned, that is all it takes and you are legal to own a firearm. For background checks to purchase firearms the authorities rely on information in NCIC. Now if you have more than one crime, put all of them (back to when you turned 18) on your pardon petition. Wipe the slate clean. Doesn't take a minute more of your time or cost an additional penny. Yeah a pardon is the way to go and the longer it has been since your crime and keeping a spotless record helps.. You don't need a lawyer. It just takes a little bit of time. The fee in SC was $100. I don't recall there being any fee in Virginia.

I am now free and clear of all disabilities. I have conferred with the FBI clarifying my status as a lawful gun owner. I have spoken at length with SLED authorities (SC FBI) and went through an appeal process to demonstrate to them how my disabilities have been wiped by pardons. I have been issued a CWP by SLED and an FFL by the ATF. The key is getting the convicting authorities who sent your information in to NCIC to start with, to contact the FBI and update your pardon or restoration of rights. The jurisdiction that filed your disability is the only one who can rescind it.

Now if you are a Federal convict and go for a Presidential pardon the part about the ATF/Attorney General not funding manpower to assist, comes into play. If you are pardoned it would be the Attorney General's Office that would inform the FBI (or not - they won't) your disabilities have been resolved. They won't, as they say they have not funded the personnel to handle it. You had the POTUS office directly inform the FBI of your Federal pardon to get around that.

Now there is one tricky part to this. When I had my civil rights restored and then my gun rights restored in Virginia. I thought I was good. Well you are...in Virginia. However, in most of the other 50 States it is written into their Constitutions to recognize a pardon only as the means to relieve a disability (not court orders and proclamations from the Secretary of States Office). These new processes of restoring civil and gun rights in some States is not recognized by other States whose Constitution only recognizes pardons to remove your disabilities. Between the time when I had my civil and gun rights restored and received my "simple pardon" in Virginia, I did not conceal carry outside my home State of SC. I did not want to test the system of another State and how they felt about restoration of rights vs. a pardon. Too much gray area there. I am being told that people are regularly being arrested in some States for concealed carry, without a pardon to absolve the disability. So if you do not have an outright pardon, I would tread carefully and make a plan to get one.

[jimmywilliams]

Hi my name is Williams and I’m trying to get my fishing license back I owe back child support my kids are grown I’m paying my rears out of my check why I can’t Hunt or fish

[d.j.]

I have a question regarding a fellow youtuber out of Texas with a misdemeanor charge of domestic violence. (Over a supposed argument-I believe) Can he ever regain his 2a right besides using black powder firearms? If so, What is the process?

[JohnnyRebKy]

I just had 2 felonies expunged in kentucky. They are supposed to report to all agencies that i have no felony conviction anymore. Plus if i personally get checked while carrying a gun my record comes back CLEAN.