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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
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Experience:  14 years practicing criminal defense.
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About 18 years ago I was convicted of criminal sale o a controlled

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About 18 years ago I was convicted of criminal sale o a controlled substance. I did 40 days in jail and probation. I had no priors. I think it was called a class 5 felony back then. What are my rights? can I own a gun? Can My wife?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Unfortunately, if you were convicted of any type of felony, under federal law you lose your gun rights forever. The only way that they could be reinstated would be if there was an actual Presidential pardon with a full restoration of all civil rights.
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This is the particular law and by definition, a felony is an offense that can carry more than a year of jailtime whether that is what is imposed or not.
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18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping, transporting, or receiving any firearm or ammunition:

(1) a person convicted of a crime punishable by imprisonment exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or who is addicted to a controlled substance;

(4) a person who has been adjudicated as a mental defective or who has been admitted to a mental institution;

(5) an alien who is unlawfully in the United States or who has been admitted to the

United States under a nonimmigrant visa;

(6) a person who has been discharged from the Armed Forces under dishonorable

conditions;

(7) a person who, having been a citizen of the United States, renounces his citizenship;

(8) a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;

(9) a person who has been convicted of a misdemeanor crime of domestic violence

.

The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include (A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon…

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With that said, if your wife doesn't have any felony convictions or misdemeanor ones for domestic violence, then she wouldn't be prohibited from owning a firearm even though you couldn't. However, in order to keep you from being deemed "in possession" and being charged as a "felon in possession of a firearm" she would have to keep it in a secured area where only she has access, like a locked case, gun safe, or keep a gun lock on it where only she has the key.

.

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Thanks

Barrister

Customer: replied 1 year ago.

You Quoted" (1) a person convicted of a crime punishable by imprisonment exceeding one year;"



I only served a 40 day sentence and according to my Lawyer ti was because we had a very strict judge. Does this count as exceeding a year?


Also how long would this stay on my record for employment checks?


How can i get this expunged, I no longer live in NY?

Expert:  Barrister replied 1 year ago.


I only served a 40 day sentence and according to my Lawyer ti was because we had a very strict judge. Does this count as exceeding a year?

.

That is what I meant when I explained that it just has to be a criminal offense that has a potential punishment of over a year in jail. Misdemeanors by definition can only have a year in jail imposed. Every felony can carry over a year. So even if you just got probation and no jailtime at all, if it was a felony it had a potential penalty of over a year in jail so would serve to make you ineligible.

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Also how long would this stay on my record for employment checks? How can i get this expunged, I no longer live in NY?

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Indefinitely. Criminal convictions never drop off a person's record and are only removed if they are actually expunged by a court order after the person files a petition to expunge the conviction. Unfortunately, NY is one of the states that do not allow expungements if someone was convicted of a criminal offense. (NY Criminal Procedure Section 160.50)

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Thanks

Barrister

Customer: replied 1 year ago.

So, as far as you know there is no way I could ever get my gun rights back even if I live in AZ?

Expert:  Barrister replied 1 year ago.
Unfortunately no. If a conviction happened in a state that doesn't allow expungements for convictions like NY, it doesn't matter where the person later moves. About the only thing that that could restore your rights in NY would be a Governor's pardon, and these are exceedingly rare.
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I am a gun owner myself and I hate to have to give news like this, but I don't want to give you any false hope so you go pay an attorney a couple thousand to find out it can't be done.
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Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 24259
Experience: 14 years practicing criminal defense.
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