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LegalEagle1
LegalEagle1, Criminal Lawyer
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Experience:  Practicing attorney licensed for over 23 years.
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I was trying to find info about the Policy west Virginia has

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I was trying to find info about the Policy west Virginia has to restore someones gun rights. I understand I would have to get ALL my rights restored in my previous state via a certificate of Good Conduct, if so will West Virginia honor this or would I need to petition their Circuit Court if I move there?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

That depends...can you tell me, what state was the conviction in? Was it in WV? Or in some other state?
Customer: replied 1 year ago.

Thank You for your reply. The conviction was 12 years ago in New York State.

Expert:  P. Simmons replied 1 year ago.
I do not know NY law well enough to answer so I will send this on to someone who may

Hang on please




Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer.
Can you tell me what offense you we convicted of in NY (include code section if available)?

Also how old were you when you were convicted?
Customer: replied 1 year ago.

Hello,


 


It was non violent felonies 2 were charged in the plea. Violation of General Business Act violation (has to do with Securities Law) Felony E and with this type of Securities Violation they also charged with Grand Larceny Felony E. This was a plea agreement with 5 yrs probation NO jail time from when i was stockbroker, with restitution that was ALL paid back with NO violations in any way. Sorry i dont have code section i will keep looking for it.

Expert:  LegalEagle1 replied 1 year ago.
Was the person convicted of one or both offenses?
Customer: replied 1 year ago.

Hello,


 


Both offenses were the conviction in the plea agreement. So 2 felony convictions.

Expert:  LegalEagle1 replied 1 year ago.
Under New York Criminal Procedure Law §160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated. Misdemeanor and felony convictions are not eligible. If one of the charges had been dismissed that one may have been eligible for an expungment

A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms. See 18 U.S.C. 921(a)(20) and (a)(33).

You may be eligible to apply for Relief From Disability under New York's Correction Law §§701 or 702.

You will have to see if you are eligible under the definitions and rules of construction contained in Correction Law §700.

Please let me know if you have any further questions.

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Customer: replied 1 year ago.

Hello,


 


I understand that a Certificate of Good conduct or Relief of Disabilities can be filed with NY State. This will be done. I want to refer back to my original question


 


"I was trying to find info about the Policy west Virginia has to restore someones gun rights. I understand I would have to get ALL my rights restored in my previous state via a certificate of Good Conduct, if so will West Virginia honor this or would I need to petition their Circuit Court if I move there?"


 


All I want to know is if a CGC or CRD is obtained will West Virginia Honor this or will I need to petition a Court once again.


 


Thanks

Expert:  LegalEagle1 replied 1 year ago.
I reviewed that statute that WV has on removal disability earlier, it is silent as to whether or not it is required for out-of-state convictions where the other state has removed the disability. I conducted an online search through a legal database of published decisions for West Virginia courts and could no find notices court decisions that addressed this issue. I also could not find any decisions where a person that hat been granted a relief from disability in another state was appealing a conviction for a weapon charge in West Virginia.

Since I was unable to find any conclusive decision one way or the other, You may want to consider writing to the Atty. General for West Virginia and ask him for an opinion as to whether or not it is necessary that you file a petition For relief of disability in West Virginia. This would be the way to be certain as to what is needed.

Please let me know if you have any further questions.
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Experience: Practicing attorney licensed for over 23 years.
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