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John
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Category: Criminal Law
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Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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I was convicted of two class c felonies in 2000. Its been

Customer Question

I was convicted of two class c felonies in 2000. It's been nearly ten years since I was convicted. I was wondering how to get my right to bear arms reinstated? The conviction was for theft of property and criminal trespass in Cass County State of North Dakota.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  John replied 5 years ago.
There are both civil and criminal consequences to felony convictions. On the criminal side, you can be sentenced to jail or probation and/or fined. On the civil side, you may lose the right to vote, become ineligible to sit on a jury, hold elected office and/or possess a firearm. Civil consequences may last far longer than the criminal punishment.

When it comes to the right to vote, state law rather than federal law controls, even if you were convicted of a federal offense. Every state has its own rules. Fourteen states, including your state, Kentucky, prohibit convicted felons from voting for life. For a state by state chart of when and if you can have your right to vote restored, see this chart prepared by the Sentencing Project.

 

An estimated 4 to 5 million Americans, or one in fifty adults, have lost their ability to vote because of a felony conviction. Many states, most recently Connecticut, Delaware, Maryland, New Mexico, and Texas, have revised their policies recently to allow ex-offenders to regain the right to vote.


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. In North Dakota, you CANNOT own a gu or have rights restored if you were: Convicted of felony involving violence or intimidation from date of conviction or release from incarceration for 10 yrs. (whichever is later); 2. Convicted of other felonies not mentioned above or Class A misdemeanors for 5 yrs.; 3. Diagnosed and confined/committed to hospital or other institution as mentally ill or mentally deficient person (does not apply if more than 3 yrs. have passed); 4. Under 18 unless supervised and for purposes of safety training, hunting, target shooting.

 

 

Customer: replied 5 years ago.

I would like to know more about reinstating my right to bear arms. How do I apply? Who do I contact? What information should I give?

Expert:  John replied 5 years ago.
What were the felonies?
Customer: replied 5 years ago.
Class C Criminal Trespass, Class C Theft of Property
Expert:  John replied 5 years ago.
You need to hire an attorney to essentially have your record expunged, then apply for your rights to be restored. It is a complicated process.

Places like this do it, but not in your state: http://www.recordgone.com/
Expert:  John replied 5 years ago.
I see you are new to Justanswer.com and I want to make sure you have no further questions. I have tried to help you to the best of my ability, but you may still have a follow-up issue. Let me know if I can I explain further. Is there anything else I can help you with? Did I answer your question? If not, please let me know how I can help further. If so, PLEASE let me know that, too!
Expert:  John replied 5 years ago.
Can I help you further on this issue?

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