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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20398
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I pled guilty tax eavison in 1993. My judgment was 3 uears

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I pled guilty tax eavison in 1993. My judgment was 3 uears probation and 180 days in a hafway house. because of this my voting holding office and bearing Arms were taking away. Iwant them restored. what is the cost for this litigation.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.
Hello,

Just to be clear was this a Federal or State tax evasion conviction and was it a felony?
Customer: replied 5 years ago.
Federal
Expert:  Marsha411JD replied 5 years ago.
Hello again,

Thank you for that information although you did not answer second part of my question I am going to assume this was indeed a felony conviction. In that case, your right to vote would have been automatically restored at the completion of your sentence. The other civil rights can only be restored with a positive recommendation to the Governor and his signature from the Board of Pardons and Paroles.

However, under Federal law a convicted felon is not eligible, under any circumstances to purchase, possess, etc. a firearm. So, even though State law may allow for the restoration of civil rights. Federal law overrides any State law that conflicts. You can see a discussion of the Federal law prohibiting firearm possession by going to: http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html

As for the other civil rights, you can see a discussion of the law at: http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Texas.pdf

You will want to hire a local criminal law attorney who has a practice that includes post-conviction issues, such as restoration of civil rights, so that they can assist you in your petition to the Board.
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