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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23556
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am in the process of moving from to Wisconsin. I currently

Customer Question

I am in the process of moving from Virginia to Wisconsin. I currently hold a concealed carry permit in Virginia. In 1994 I was convicted of 1 count of felony embezzlement. After tha appropriate waiting period, I applied for, and had my rights restored. I then applied for and had my 2nd amendment rights restored.
My question is this, when applying for a concealed carry permit in Wisconsin, do I answer question #1 on the CCW application, form DJ-LE-287, "have I every been convicted of a felony" the same as I answer question 11C on the Federal NICS form 4473--which is "NO"
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If you were convicted of a felony offense, the government should be able to see your old conviction, even if your rights were restored by the state of Wisconsin. If your conviction was expunged or pardoned in full, you would have the legal right to deny having been convicted of a felony. But even so, nothing is ever hidden from the government, and the better position is to disclose the former conviction and the fact that it has since been expunged.

Customer: replied 1 year ago.
I'm sorry, maybe you are not familiar with some of the gun laws, but the instructions for the federal form 4473 state that if your rights have been restored you are to answer question 11C "NO". Virginia is the same. However, there are no similar instructions on the Wisconsin form.
Expert:  Zoey_ JD replied 1 year ago.

Thank you. You have to defer to the language on the particular form you are filling out, because regardless of what you are allowed to answer, the government will be able to see your former conviction.

If the wording of the question is whether you have ever been convicted of a felony and they give you no qualifying instructions, then the plain meaning of the question would be the one that you'd have to abide by. You would have to disclose the felony conviction. When you explain that elsewhere, you could let them know that your civil rights, including your gun rights have all been restored.

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