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ExperiencedParalegal
ExperiencedParalegal, Paralegal
Category: Criminal Law
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Experience:  MultipleAreasofLaw
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Can a convicted felon of 17 years ago, have

Customer Question

How does a convicted felon of 17 years ago in the Commonwealth of Virginia who now resides in Maryland, have certain rights reinstated such the right to own a hand gun?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  ExperiencedParalegal replied 6 years ago.
DearCustomer

I believe you are looking for expungement in your case. It does not matter where you live now, what matters is where you were convicted of the felony.

Just so you are aware, there is going to be a lot to this and this will be a process for you. However, given the circumstances, I believe that you should attempt to go forward, since a great deal of time has passed.

“The expungement statute applies to innocent persons, not those who are guilty.” Gregg v. Commonwealth, 227 Va. 504, 507 (1984). That being said, there is one restricted omission to this constraint on release from convictions: when the Governor grants an Absolute Pardon for your conviction. Virginia Code § 53.1-229. An absolute pardon will provide you legal foundation to request expungement in the court of record where you were convicted of the felony charge. You, the petitioner must have pleaded Not Guilty throughout the judicial process in order to be eligible for an absolute pardon.

You, the petitioner, are required to write a letter to the Governor, stating the exact reasons why your pardon shall be granted. (Under Article V, Section 12, of the Virginia Constitution and Section 53.1-229 through 53.1-231 of the Code of Virginia, all clemency authority is vested solely in the Governor. Clemency is not guaranteed and if a petition is denied, the petitioner has no right of appeal).

There are also 3 other types of pardons that are available in your State: simple, conditional, and absolute. All three types require the petitioner to write a letter to the governor stating why the pardon should be granted. If you have been convicted of a felony you must have your rights restored before the Governor will consider a petition for a pardon.

The letter of petition necessitates the following information:

  • full name and any previous names and aliases;
  • Social Security number;
  • date of birth;
  • mailing and street address;
  • phone numbers;
  • dates, courts, sentences or other dispositions of all misdemeanor and felony convictions;
  • a complete statement of details for each conviction; and
  • an explanation of why the Governor should grant a pardon.

The phone number for questions regarding all Pardons in the State of Virginia is(NNN) NNN-NNNN Patricia Tucker, Director of Extradition and Clemency.

The phone number for questions regarding Restoration of Rights is(NNN) NNN-NNNN Micah Womack, Restoration of Rights Director.

Here is a website with many answers to questions you may have regarding expungement under Virgina Law.

http://www.lsnv.org/Information_Expungement.pdf

I hope this information helps and good luck.

Please do not hesitate to contact me if you should need anything further.

Sincerely,

Jessica,
ExperiencedParalegal

DON'T FORGET TO CLICK THE ACCEPT button. Thank you. The statement above is not specific legal advice and is only an effort to help and guide you. Fees I receive for answering questions are paid for information, not for legal advice.

Customer: replied 6 years ago.
Reply to ExperiencedParalegal's Post: I am not looking for a pardon, I understand its very tough and expensive, I pleaded guilty to a "white collar crime" non violent, I just want to be able to vote and own a hand gun. No jail time was ever served just probation till I made full financial restitution which I did.
Customer: replied 6 years ago.
I am not looking for a pardon, I understand its very tough and expensive, I pleaded guilty to a "white collar crime" I served no time just probation till I made full restitution which I did. I just want to be able to vote and own a had gun.

Thanks
Expert:  ExperiencedParalegal replied 6 years ago.
DearCustomer

Legal Change: Maryland passed legislation to automatically restore voting rights to non-violent recidivists three years after completion of sentence (violent recidivists remain disfranchised) in 2002. Subsequently, you should legally be able to vote in your state of residence, providing you are not on probation or parole.

You can not possess a gun in the State of Maryland, if you are convicted felon. It is also a federal law that bans you from possessing bullets. Also, under federal law, you can go to prison for up to 15 years if you're found packing ammo. The laws in regards XXXXX XXXXX possessing guns are very strict and do not allow for reinstate. If you were to get caught with a gun you would be charged with Felon in Possession of Firearm.

Here is the link to the Supreme Court Case for Gun Rights for Felons. As you may know, The Supreme Court makes the laws of the land, and states must abide by it.
http://www.law.com/jsp/article.jsp?id=1039054426524

I am sorry if this is the answer that you did not want.

Please do not hesitate to contact me if you should need anything further.

Sincerely,
Jessica
ExperiencedParalegal

PLEASE REMEMBER TO CLICK THE ACCEPT BUTTON. The statement above is meant in an effort to help guide you in the right direction. Please remember that the fees paid are for information, not legal advice. If you need legal advice you should seek an attorney in the area of which your legal issue pertains to. Positive feedback is greatly appreciated as are bonuses.

Expert:  ExperiencedParalegal replied 6 years ago.

Please be advised that I have recently answered your question. PLEASE REMEMBER TO CLICK ON THE GREEN ACCEPT BUTTON, if my answer has been helpful in any way, so that I may get proper credit for my effort to help you in your case. Thank you!


Do not hesitate to contact me if you should need anything further.

Sincerely,

Jessica
ExperiencedParalegal

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