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I was convicted of a felony and was sentenced to 3 year

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I was convicted of...

I was convicted of a felony and was sentenced to 3 year probation. After a year of probation, the probation officer asked court to waive the rest of my probation which he granted the order. My question is can't I get that felony charge deferred so regain my rights?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Iowa, Fraudulent Practices in the First Degree

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, he said that the probation offcier should have done that before the first year was up, the probation officer says that judge would have had to defer the sentence when sentencing, So I am wondering what I can do now with 2 different answers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is the only thing on my record, I guess,

Submitted: 7 months ago.Category: Criminal Law
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12/5/2017
Criminal Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

By your rights, I imagine you mean your gun rights? Unfortunately, no. Deferment is not possible in a conviction. If you were convicted, then it is not possible to seal/expunge one's felony conviction in Iowa. But there is a way, still, to regain one's gun rights.

According to 18 U.S.C. § 922(g)(1), the conviction makes one ineligible here. This essentially means anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are (a) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," and (b) felony convictions from foreign countries. Small v. United States, --- U.S. ---, 2005 WL 946620 (April 26, 2005).

So on the face, one is not allowed to own a firearm. However, it is possible to have your right reinstated, but there is no guarantee. A party in your situation may wish to file for what is known as a PARDON, also called CLEMENCY.

Essentially, Iowa may pardon your conviction. See here:

http://www.bop.state.ia.us/ClemencyFaq

Now, there is no right for a pardon - it is at the state's discretion. It is important to specifically request a pardon that also reinstates your firearm right.

Once this is done, and if the conviction is pardoned, then the firearm restriction would be lifted. A pardon functions to void the conviction in the eyes of federal law. 18 U.S.C. 921(a)(20) and (a)(33).

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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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