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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4816
Experience:  Experienced in state and federal criminal litigation.
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I was convicted of shopifting and I think I was charged with

Resolved Question:

I was convicted of shopifting and I think I was charged with a 3rd degree felony and it was reduced to a misdemeanor...I cannot buy a firearm, I am always denied...Is there any way to deal with this?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 5 years ago.

TexCrimLawyer, J.D. :

If it was a misdemeanor, you did not lose your firearm rights.

TexCrimLawyer, J.D. :

The first thing you need to do is get a copy of your criminal record from the FBI, since that is what the firearm backgrond check is using.

TexCrimLawyer, J.D. :

You can find the information necessary to do that here:

TexCrimLawyer, J.D. :

If get it and it shows you have a felony conviction, you will need to challenge it. You find the information necessary to do that here:

Customer:

do I need to file for this NCIS apeal?

TexCrimLawyer, J.D. :

Yes, the information is in the link above.

TexCrimLawyer, J.D. :

It is very important to know whether you were convicted of a felony or misdemeanor. If you had a lawyer, you need to contact your lawyer and ask for a copy of your judgment.

Customer:

i'm almost positive it was reduced to a misdemeanor. would a copy from the FBI tell me what I need to know?

TexCrimLawyer, J.D. :

A copy from the FBI would show what's in their records. If they show a felony conviction, you will need to send them a copy of your judgment showing that it was a misdemeanor. So, either way, you will end up needing a copy of your judgment.

Customer:

and my lawyer will have that judgement? if he is retired would I have to get it at the court house?

TexCrimLawyer, J.D. :

Yes to both questions.

Customer:

well, if i'm correct about the misdemeanor, I should be able to buy a firearm, correct?

TexCrimLawyer, J.D. :

Yes.

TexCrimLawyer, J.D. :

You are only prohibited from purchasing a firearm if you are convicted of a felony or a crime of domestic violence.

Customer:

ok, is there a charge for getting my records from the FBI? I know i was charged with a felony but it was my first offense and my lawyer got it reduced?

Customer:

but i still get a current pistol license

TexCrimLawyer, J.D. :

Yes, it is $18.

TexCrimLawyer, J.D. :

Can I help you with anything else?

Customer:

Why do I still get a pistol permit? They run a check every year at the sheriff's dept.?

TexCrimLawyer, J.D. :

Yes, you will still have to abide by the Alabama requirements to get a permit.

Customer:

If the police knew my record and even though i have a pistol license would I get in trouble?

TexCrimLawyer, J.D. :

If you have a license, you will not be in trouble. However, having a theft conviction prevent you from getting a pistol permit. See the below link:

TexCrimLawyer, J.D. :

Can I help you with anything else?

Customer:

i don't think so, I need to check out the links you gave me...

TexCrimLawyer, J.D. :

OK.

TexCrimLawyer, J.D. :

If I've answered your questions, please click the ACCEPT button.

TexCrimLawyer, J.D. :

Good luck.

Customer:

thank you, XXXXX XXXXX try your advice...

TexCrimLawyer, J.D. and 5 other Criminal Law Specialists are ready to help you