Expungement and Gun Rights: Federal Convictions

Although expungement is not available for federal convictions, you can restore your civil rights and gun rights in Arizona for the conviction of a federal felony offense. Unlike convictions from Arizona state courts, convictions that occurred in federal courts cannot be expunged. Arizona has no legal authority to expunge federal records and the federal government has nothing in place (short of a presidential pardon) to expunge federal convictions. There is good news, though, when it comes to your civil rights and gun rights.

Under the US Constitution, states determine who can vote, hold public office, serve on juries, and more. Also, while the federal government has its own laws regarding guns, so do the various states. This means that while Arizona may not expunge federal convictions, Arizona courts can restore someone’s rights that were lost as a result of a federal felony conviction. It is something I have done for many clients here at the Barber Law Group. In fact there was a time when the US Attorney’s Office in Phoenix had a policy of opposing my motions to restore a person’s gun rights, but over a period of 6 months I worked with them and they reversed their policy. The process is straightforward. We obtain all the records from your original conviction and then file a motion with the Superior Court. We also serve copies on the US Attorney’s Office and the Arizona Attorney General as well as the County Attorney’s Office. At that point a response is filed and we file a written reply. At that point a hearing is set in the matter and one of our lawyers attends that hearing at Superior Court at which time an ordered is entered. We do this in every county in Arizona because the petition must be filed in the county where you live.

Just because you have been convicted of a federal felony does not mean your life is over. You can be in a position to have all of your rights restored under Arizona law, including your firearms rights, and the lawyers here at the Barber Law Group know exactly how to do it. Indeed we have ultimately been successful in restoring all rights for every client that had a federal felony conviction!

Author: Bretton Barber

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