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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Trying to determine if after having my felony conviction expunged

Customer Question

Trying to determine if after having my felony conviction expunged if all my civil rights are restored?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello, My name is ***** ***** I am an experienced criminal lawyer. No. All of your civil rights are not restored by an expungment. The right to vote is automatically restored in Arkansas after the completion of your sentence. The right to hold office is restored by expungement, but the right to vote requires a gubernatorial pardon. If your conviction was for what Arkansas law considers a "dangerous" offense, your gun rights are never restored. Otherwise, Arkansas restores 2nd Amendment rights for those convicted of a "serious" offense 10 years after the completion of their sentence and 2 years after the completion of their sentence for those felonies that are neither "dangerous" nor "serious" under Arkansas law. An expungement and the restoration of your firearms rights should satisfy the Federal government which would lift its bar and restore your Federal gun rights as well.
Customer: replied 2 years ago.
My two.felonies were for B&E and Theft of Property in 2004. They were sealed in 2013. So with this and the information you stated my gun rights should be restored?
Expert:  Zoey_ JD replied 2 years ago.
Sorry for the delay, but there aren't many of us online and awake at this hour. I am very sorry but in looking over the law again, it seems that I gave you the correct information as to your civil rights, but the wrong law as to your gun rights which were from another state. In Arkansas, your second amendment rights, once lost, can only be restored by your governor, either by a gubernatorial pardon or after the recommendation of the chief law enforcement officer in the jurisdiction where you live. But for the latter your have to wait at least 8 years for the recommendation, and your offense could not involve the use of a weapon. So you'd be eligible to try to get your gun rights back at this time, but they were NOT automatically restored. I'm very sorry for my previous error as to your gun rights. This time I can give you the citation for the law in your state as to your rights, which is Ark. Code Ann. $ 5-73-103(d).