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Once a certificate of relief is obtained, how then must one…

Once a certificate of relief...
Once a certificate of relief is obtained, how then must one fill out the nics form at the firearms shop?
Do you answer yes or no to (have you ever been convicted of a felony)
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Answered in 5 minutes by:
9/14/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,482
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I've reviewed your question and I'm happy to help.

Did the certificate of relief you received serve as an expungement?

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Customer reply replied 10 months ago
No

Okay, was this a certificate of relief issued for reinstatement of your civil liberties after parole?

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If so, then you are able to be approved for purchase of a firearm.

You would still need to answer 'yes' to the question about felony convictions.

However, once your application is reviewed you should still be approved based on the Certificate of Relief that was issued.

You can also proactively provide copies of your Certificate of Clearance, and ask that it be sent in with your application.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 10 months ago
Negative, I was convicted of a class d felony in New York State. After ten years I personally went to the court house, got the paperwork to file for a certificate of relief of disabilities. I wanted it for work purposes however the judge signed off on restoration of all my rights including weapon possession. I then filed for a upin from the fbi and that was granted. I do know the statutes are different from state to state, so a certificate of relief in New York doesn't give you relief in North Carolina, so I am filing now for the NOrth Carolina certificate. One it is granted, I know my rights to buy firearms would be restored but I do not know how to fill out the nics form at the ffl dealer.

Did you get my prior response? I can resend it.

You would still need to reply yes to having been convicted of a felony.

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If so, then you are able to be approved for purchase of a firearm.

You would still need to answer 'yes' to the question about felony convictions.

However, once your application is reviewed you should still be approved based on the Certificate of Relief that was issued.

You can also proactively provide copies of your Certificate of Clearance, and ask that it be sent in with your application.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

14 Sept 2017, 12:43 PM

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,482
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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