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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23600
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My name is ***** *****, I am trying to get information on

Customer Question

Customer: Hi my name is ***** *****, I am trying to get information on how to get a a felony conviction that my fiance recieved 11 years ago pardoned to get his gun rights, voting rights and name cleared. In doing my research it appears I have to get a gubernatorial pardon.
JA: Thanks. Can you give me any more details about your issue?
Customer: the charges were all 14:95.1- the stateus are as follows: Louisiana 14:55; 14:27 and 40:966d
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Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

From what I have found, Louisiana will automatically restore a felony offender's gun rights ten years from the completion of his felony sentence. I don't know when your fiance's sentence concluded, but ten years from there, he would get his state gun rights back.

Of course, the Feds won't automatically restore him and without Federal firearms rights, even once Louisiana gives him his gun rights back, the Federal government can still charge with being a felon in possession of a firearm, if he is found in possession of a firearm. The lead case in this area is United States v. DuPaquier.

http://www.leagle.com/decision/19951858907FSupp951_11706

So for Federal purposes, he would need to get an expungement if he is eligible for one or apply to the governor of the state for a Pardon.

He can get yourself an expungement without a lawyer if he is comfortable with do it yourself lawyering. Otherwise, there are lawyers who specialize in Pardons, expungements an the restoration of rights.

To expunge a felony, he must file a motion in the District court in the parish where his case was. In the motion, he would ask for a hearing so that he could argue for the expungement. The DA and the police need to get copies of the motion. The forms are on the web for East Baton Rouge parish. He can ask the clerk of the court where his case was, and he would probably have a template.

To apply for a pardon you don't need a lawyer either. You can download the form and read more about it here on the Louisiana Department of Public Safety and Corrections webste. Scroll way down on that page for the link to the application:

http://www.doc.la.gov/quicklinks/board-of-pardons-and-parole/

Happy holidays and good luck!