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I had my felony expunged and have spoken with my attorney…

I had my felony...

I had my felony expunged and have spoken with my attorney who stated that my rights civil right and privileges were restored and it is as if I was never arrested and, subsequently convicted of the charges. I am looking to purchase a firearm but, I am skeptical of the information I have received. The conviction and expungement were in the state of New Jersey.

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

It was in New Jersey. It was a 3rd degree felony / Criminal Mischief - 1997. The expungement was granted May 19th of this year.

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

Yes. I spoke to the attorney that petitioned for the expungement last week and, he states that my rights have been restored and it is as I was never convicted. He said even at the federal level, I can serve on a jury, hold a seat in office, and possess a firearm. I am skeptical of this information.

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

That is all I believe.

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Answered in 5 minutes by:
12/11/2017
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,947
Experience: 16 yrs. of experience including criminal law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am sorry for this dilemma. But not sure I understand your specific question. I understand your are skeptical...what is your specific question please?

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Customer reply replied 5 months ago
Good afternoon Philip. I hope you are well. I am worried that my civil rights and privileges have not been restored at the federal level
Customer reply replied 5 months ago
I have no way to verify if they have been other than the word of my attorney.

Thanks
What rights are you enquiring about? That is, are you asking if you will be able to purchase a firearm now?

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Customer reply replied 5 months ago
He stated all of my rights have been restored including the right to bear arms. I'm worried that if I go to purchase a firearm, it may be a problem.

Thanks
You can check this yourself...a few ways. But tell me, the interaction you are referring to...the 3rd degree felony...was there ever a conviction entered (or do you know)?

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Customer reply replied 5 months ago
there was. The expungement shows that the court requested all records be sealed, state police, local, courts, etc.

Thanks
Which state is this in (the expungement)? NJ or NY (you mention both)?

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Customer reply replied 5 months ago
It was in New Jersey.

Thanks
That is good (for you)

Under NJ law, if expungement is ordered? The conviction is, in essence, removed.
So if your request for expungement is granted? The conviction will no longer impact you...and this would return your right to possess a firearm.

A few ways to check this (to see if the expungement was granted)

1. Contact the clerk of the court...they can tell you if the court ordered expungement

2. Contact the FBI to see your record (if it was expunged, the FBI will no longer have a record of the conviction. You can make the request for your FBI record here:

https://www.fbi.gov/services/cjis/identity-history-summary-checks
3. APply for a firearms license...if the record is expunged, you will qualify for purcahse

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,947
Experience: 16 yrs. of experience including criminal law.
Verified
P. Simmons and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 5 months ago
I believe you have satisfactorily answered all of my questions. Thank you.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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Customer reply replied 5 months ago
Thank you Phil. Where do I go to rate your services?

You have! Thank you very much

Phil

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P. Simmons
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Category: Criminal Law
Satisfied Customers: 36,947
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