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My Husband has a criminal record of unlawful use of a weapon…

My Husband has a criminal...
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal issues and has had a steady job with the same company since 2004. He did switch companies he works for due to the fact previous employer merged and his work hours were cut. He still works in the same line of work. Is there anyway he can get his record expunged or sealed in Mo and IL if the proper process was taken?
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1/2/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,804
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 7 months ago
I appreciate that thank you!

Unfortunately, no. Your husband is not eligible for the expunction/sealing of his conviction. Although Missouri's law is much expanded and many felony convictions are now able to be expunged, your husband's is listed among those that cannot be removed from a criminal record. You can see that here on the list of crimes beginning on line #34. His offense, section 571.030, is specifically mentioned on line 49.

That leaves him with the possibility of getting a pardon from the governor. That won't erase or seal the record but it at least would display as having been pardoned, which is official forgiveness from the state's highest ranking official and would be proof that the state believes that he has turned his life around.

Pardons are hard to get but easy and free to apply for. No lawyer is necessary. You could learn more about the process here:

https://doc.mo.gov/Documents/prob/CLEMENCY_APPLICATION.pdf

The only other possible remedy is a longshot which would require a lawyer and have him reopen your case by petitioning the court to dismiss your husband's felony in the interest of justice.

This is a petition that some judges are not even willing to entertain without an especially compelling reason. But judges do have the power to dismiss a case under their powers of equity, even when the law doesn't specifically support it. They will do so to prevent an injustice. So he'd have to confer with a local lawyer and see if the two of them can brainstorm a compelling reason for the judge to want to ignore the fact that he was found guilty of a felony. Once the matter is dismissed, his record would be much improved as there would be no conviction anymore. At that point, he may even be eligible to have that record sealed.

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Customer reply replied 7 months ago
If he was to get a pardon, would he then be able to get his guns rights back so that he was able to deer and coon hunt which are his biggest passion? All he wants is to use a shot gun again which as you know he can not right now.

He can get his gun rights back via a pardon. A pardon that grants him his gun rights would allow him his second amendment rights under both state and Federal law. However, under Missouri law, if he pled guilty to this crime, even if he is pardoned he would be ineligible to get a CCW. That shouldn't prevent him from deer and coon hunting.

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Customer reply replied 7 months ago
Thank you so much. Your answers help out very much. At least we know what our options are. Do you recommend having a Lawyer before we try to get a pardon.

You can always apply for the pardon without one. If it comes to a hearing on the matter, you could hire a lawyer then, as there is where it would make the most difference.

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Customer reply replied 7 months ago
Once again thank you!

You're very welcome!

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Best wishes for the new year.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,804
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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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