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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4039
Experience:  9 years legal experience, primarily in criminal justice
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I was convicted of a Misdemeanor Assault on a Female (Principle)

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I was convicted of a Misdemeanor Assault on a Female (Principle) back in 1994 and as a result cannot possess a firearm in this state as that crime carries a 2 year imprisonment potential. My then Wife was/is Mentally challenged (no excuse I know but still a factor) and no injuries were sustained. I have seen numerous info on the web regarding expungment, Pardons(current Governor has done none during term) as well as having the charge/conviction set aside. Is there any chance that any of this true? If not what will is cost to get Counsel to resolve something regarding this matter?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 3 years ago.
Hello.

Unfortunately, North Carolina only allows for expungements of convictions for offenses committed under the age of 18 and underage drinking offenses. Consequently, the only way to restore your firearm rights in North Carolina and under federal law is to obtain a pardon. You will have to contact the Governor's Clemency Office to obtain an application. The contact information is here:
http://www.doc.state.nc.us/clemency/

It is true that pardons are very rare, and while you can hire an attorney, it is unlikely that they will be any more successful in applying than you would be yourself. Pardon applications are fill in the blank forms that you can easily fill out yourself. If you wish to hire an attorney, the fee varies. You may just want to contact a few criminal lawyers in your area to inquire as to the amount they will charge and what if any successes they have had in that area. Sorry I can't give you better news.
Customer: replied 3 years ago.
Would the possibility of having these charges "set aside" be realistic instead of asking for a Pardon which seems to be virtually impossible. What does it actually mean if they are set aside?

Thanks
Expert:  Hammer O'Justice replied 3 years ago.
North Carolina does not allow for set asides of convictions either, so unfortunately the pardon is your only option.
Customer: replied 3 years ago.
Any idea of which Pardon would be the easiest to obtain? I am guessing the "Pardon of Forgiveness"? Does any Pardon restore rights?

Thanks
Expert:  Hammer O'Justice replied 3 years ago.
You would need the Unconditional Pardon in order to restore your firearm rights.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4039
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks So Much for your help.

Merry Christmas

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