In some states, restoration of firearm rights can be accomplished by a process called expungement. In this article, we provide a brief explanation of what expungement means and how the process is accomplished.
What does “expungement”mean?
In general, the word “expunge” is a synonym for erase, delete, cross out or remove. However, by its meaning, the word expunge must have some object. Thus, one could say that a text message is expunged or writing on a white board is expunged. With respect to criminal and other legal proceedings, the same definitions and rules apply. “Expungement” is to erase, delete, cross out or remove court, police and/or prison records.
With respect to firearm rights restoration, the goal of expungement is to erase, delete, cross out or remove criminal conviction records. This is essential in some states and under federal law because a criminal conviction can be the basis for loss of firearm rights. When expungement is successful, the underlying records with respect to a criminal conviction are erased, deleted, crossed out or removed, which means that the basis for the rights restriction is also erased, deleted, crossed out or removed. In this manner, expungement can serve as the foundation for restoring firearm rights.
That being said, in practice, no court, conviction, police or prison records are actually erased, destroyed, or removed. In practice, expungement is a “legal fiction” where courts and government officials are not officially allowed to look at court records nor can the records be cited or used as the basis for any decision that restricts firearm rights.
What is the process?
At the federal level, there is no expungement process available. There are also many states where expungement of records is not allowed.
In those states allowing some manner of expungement, there are broad similarities in the process, though it must be said that there are state-by-state differences and nuances. This is one reason that it is important to locate and retain local attorneys to provide legal assistance for restoration of firearm rights. Finally, it should also be noted that what criminal and court records are eligible to be expunged entirely depends on state statutes. Importantly, not all criminal convictions are eligible for expungement and expungement laws are under near-constant change.
In general, expungement involves filing written papers with the designated court asking for expungement. That is, expungement is almost NEVER automatic. Action must be taken by a person seeking expungement. Expungement is most common with juvenile criminal records.
In general, state law will establish various eligibility requirements. For example, only convictions for certain crimes will be eligible. Convictions for violent felonies are almost never eligible for expungement. As another example, usually a certain time must elapse between the completion of sentencing and when expungement can be sought. Five or ten year are two common waiting times. Many expungement statutes require that a court make a determination that the person seeking expungement demonstrates good moral character or good behavior during some relevant time period.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.