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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24917
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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About 12yrs ago I pled guilty to a charge of forgery under

Customer Question

About 12yrs ago I pled guilty to a charge of forgery under w.s. 7-13-301. Does that subsequent conviction inhibit ownership or possession of a firearm?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Would the conviction stay on my record even though it was deferred for probation? If so, can I file pro se to get it expunged?
Expert:  Zoey_ JD replied 1 year ago.

Hello,

W 7-13-301 allows for your felony to be dismissed as part of successfully completng a term of probation. Yes, the matter will stay on your record but as an arrest and a dismissal. It should not show up as a conviction.

After 10 years -- you have already 12 -- you could petition the court to expunge your case, which they are empowered do on a case-by-case basis. Although no lawyer is theoretically needed for an expunction, if you have to draft a formal petition and be prepared to argue the merits of your case before a judge, you're likely to get better results if you hire a lawyer to do it for you.

As tp your firearm rights, the state of Wyoming does not consider a deferred adjudication a conviction for any purposes, so you should be eligible for a permit in Wyoming. The greater issue, however, is that the Federal government considers deferred adjudications as a conviction for the purposes of restoring your Federal gun rights, regardless of the fact that your state doesn't. So either an expungement or a pardon would be necessary to restore your full second amendment rights.