Criminal Law Questions? Ask a Criminal Lawyer.
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Was it a federal conviction?
Unfortunately, there are no federal expungements comparable to the state ones. With a federal felony conviction he would first have to get a presidential pardon and then if the pardon was granted he could get the record expunged.
The US Department of Justice and the Office of the Pardon Attorney are the ones who actually handle the pardon application and process. You can find the website for the Pardon Attorney here: http://www.usdoj.gov/pardon/ "The Office of the Pardon Attorney, in consultation with the Attorney General or his designee, assists the President in the exercise of executive clemency as authorized under Article II, Section 2, of the Constitution. Under the Constitution, the President's clemency power extends only to federal criminal offenses. All requests for executive clemency for federal offenses are directed to the Pardon Attorney for investigation and review. The Pardon Attorney prepares the Department's recommendation to the President for final disposition of each application. Executive clemency may take several forms, including pardon, commutation of sentence, remission of fine or restitution, and reprieve." The requirements for filing for a pardon are: "§ 1.2 Eligibility for filing petition for pardon. No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release." http://www.usdoj.gov/pardon/clemency.htm#pardon
There is a difference between the state and the federal. The state government can't override the federal one so the state laws don't matter in this particular case. In addition, even if the state did give him his gun rights back, the federal law still states he cannot have one. That is so regardless of the state and what they say. The ONLY way for him to be able to get his gun rights back is to get a presidential pardon.
Many states will allow someone to have guns after a felony conviction but even so the person is still violating federal law.
Unless they get a state or federal pardon. In your father's case, since it was a federal crime it has to be a federal (Presidential) pardon.
The chances are better under this President than the last. You may want to look on the internet and speak to a pardons attorney and get a price.
Since the President can't be re-elected this is a good time to apply for a pardon. Typically more are granted in a second term than in a first.
Did you have additional questions?
There is no question dodging. There simply is not a specific answer other than what I have given you.
No, I think the criminal justice system is broken.
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