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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13748
Experience:  Experienced in multiple areas of the law.
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I have a class D felony conviction for tax evasion from Aug.

Customer Question

I have a class D felony conviction for tax evasion from Aug. 1998, I served 5 yrs probation and paid off IRS Charges in full. I am 65 years old and would like to get expunged to regain my 2nd amendment right to keep and bear arms, hunting only. This happened in Charleston WV I now live in Columbia SC(###) ###-#### Todd ******* JA: What state is this in? And can you tell me a little more about the charge? Customer: This was in Charleston WV, I owed aprox. $35,000 in back taxes but with interest and penalties the amount was $125,000. therefore the dollar amount made it a felony charge due to the high number, with out the interest and penalty it would have been a misdemener. JA: Have you talked to a lawyer yet? Customer: no I have been on the straight and narrow, own serval businesses in Columbia, SC and online business also. All taxes state & federal are clean and nothing due. JA: Anything else you want the lawyer to know before I connect you? Customer: No I just want the felony to be expunged for my 2nd amendment rights returned.

Submitted: 8 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Good afternoon,

While I do not like giving bad news to people, I have a duty to tell you what the law says. Expungement laws vary by sate. While it is true that under a state law enacted in 2013, firearms rights may be regained if a prohibiting conviction is expunged or set aside, or if the person is unconditionally pardoned for the prohibiting offense (W. Va. Code § 61-7-7(d)), the only offenses which may be expunged where there was a conviction include first time drug offenses, certain misdemeanor offenses committed between the ages of 18-26, and cases where a person has received an unconditional pardon. Thus, you are not eligible for an expungement.

There are no application fees to apply for a pardon in West Virginia. At the time of this writing, the Governor’s office has not made its pardon application materials available to access on the Internet. You will need to contact the Governor’s office directly and request that the application materials be mailed or possibly e-mailed to you. You can contact the Governor’s office by calling 1-***-***-****.

Note that pardons are rarely granted. The Governor's office receives around 50-100 applications a year, and the last 9 Governors combined have only granted approximately 130 pardons. However, it is your best and only shot at getting your gun rights restored.

Expert:  RobertJDFL replied 8 months ago.

Was there anything additional I could answer or clarify for you about this matter?

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have. In return, I ask that you show good faith in compliance with the Terms of Service by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Thank you!