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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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Can I get my gun rights back in Wisconsin when Ive had a Disorderly

Resolved Question:

Can I get my gun rights back in Wisconsin when I've had a Disorderly Conduct class B mis. Charge modifiers 968.075(1)(a)
Domestic Abuse? this was 6 years ago
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.

I am very sorry to have to bear bad news. If you have a conviction for domestic abuse, even a misdemeanor conviction, you are banned under federal law from firearms possession.

This is due to the "Lautenberg Amendment". This is federal law that makes it a crime to possess a firearm if you have a misdemeanor conviction for domestic violence.

So at this point, the only way to restore gun rights is to remove the conviction.

To do that? You need a pardon.

Not easy to get...but not impossible. You would have to apply to the Governor for a full pardon. A full pardon would remove the conviction...and this would restore your rights to possession.

There is one additional restriction. Under Wisconsin law, in order to apply for a pardon for a misdemeanor, you must first request and be granted a waiver. This would allow you to then apply for a pardon.

You can read more about the pardon process, including the request for a waiver here

http://www.wi-doc.com/PDF_Files/FAQs.pdf


Let me know if you have more questions...happy to assist if I can



P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26549
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

I read the FAQ for clemency but where to I star about requesting a waiver.?

Expert:  P. Simmons replied 1 year ago.
You would put the request in writing to the same agency that processes pardon applications

Governor’s Pardon Advisory Board
Address: 115 East State Capitol, Madison, WI 53702
Phone: (608) 266-1212
E-mail: GovPardons@wisconsin.gov

It is basically the same process as requesting a pardon...but you are, in essence, requesting the ability to request a pardon. The waiver, if granted, would allow you to request the pardon.

I would focus on the reason for the application for pardon...the desire to regain your rights to possess a firearm and the federal law ( 18 U.S.C. § 922(g)(9) which is the Lautenberg Amendment)

Customer: replied 1 year ago.

What about getting my record expunged ?

Expert:  P. Simmons replied 1 year ago.
Good question.

The problem you face is expungement is limited by state law

WI has an expungement process available for crimes committed when the accused was under the age of 18 at the time. If this applies to your circumstances, then yes...you can have the offense expunged. But if the conviction was under the age of 18 unless you were tried as an adult, it would not be a criminal conviction...so I assumed that did not apply to you.

THe other way is based on this provision of WI law


973.015(1)(a)

(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

So this is a rule that is a form of "deferred adjudication"

But it must be ordered at the time of the sentencing.

If that happend, then you would be able to apply to have the record expunged. But again, this is something that must happen at the time of sentencing. It is typically offered as part of the plea negotiations

If that did not happen in your case, the law would not apply.

Sorry to have to bear bad news.


Customer: replied 1 year ago.

I did have a deferred aggreement but I did not complete all of my requirements would I still be able to get it expunged

Expert:  P. Simmons replied 1 year ago.
Can you get a new chance to defer and then expunge? Unlikely.

But frankly, your chance to pursue expungement is better than your chance for a pardon.

A deferred sentence agreement is basically a contract...you do your part, the state must then do theirs.

But if you do not complete your side of the bargain? The state is free to not fulfill its side.

Still, you can file a motion with the court to ask that they consider the reasons for not completing your sentence requirements and if they will grant you additional time to do so. If you can convince the court to give you more time to complete your requirements, it may be you can get that expungement after all.


Customer: replied 1 year ago.

by the looks of it getting a pardon is a no go right now in Wisconsin because of Scott Walker's stance on No Pardon's and hasn't even assembled a Pardon Advisory Board. So i'm just going to go speak to an attorney and see if I have a way to get it expunged. thank you for the help

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