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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
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Experience:  15 years practicing criminal defense.
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I am a court reporter married to someone who was convicted

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I am a court reporter married to someone who was convicted when he was 19 or 20 in New Mexico of two B&Es and then eventually, due to prob violations, was ordered and served time in state prison (12-18mos) back somewhere around 1981 to 1984. It's been so long he can't remember all of the details. He is now nearly 50, has not had any more convictions of any type, and has maintained a troubleshooter/linemans position with Nevada Power Company as well as maintaining a CDL for the past 16 years.

I would like to find out how to restore his civil rights to vote and own firearms. Can you tell me the best way to go about doing it?

Hello,

 

According to New Mexico statutes it appears that his gun rights would be automatically restored after 10 years and his voting rights immediately upon completion of his sentence.

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http://sentencingproject.org/doc/File/Collateral%20Consequences/NewMexico.pdf

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Right to vote restored automatically upon completion of sentence. N.M.Stat. Ann. § 31-13-1(A).

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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

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30-7-16. Firearms or destructive devices; receipt, transportation or possession by a felon; penalty.

A. It is unlawful for a felon to receive, transport or possess any firearm or destructive device in this state.

(2) "felon" means a person convicted of a felony offense by a court of the United States or of any state or political subdivision thereof and:

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(a) less than ten years have passed since the person completed serving his sentence or period of probation for the felony conviction, whichever is later;

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He would want to confirm this with a local civil rights attorney and ensure that all of his civil rights have also been restored under federal law as well.

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thanks

Lawpro

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Edited by Lawpro on 11/3/2010 at 3:18 AM EST
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