Q: How do I get a DV removed from my record? A couple of years back, me and my brother had a disagreement. So we started
getting in each other's faces. No punch was thrown. So whenever the police arrived, he told us that if one of us don't "own up" to throwing the first punch, we're both going to jail. I didn't want my brother to get lock up so I said I hit him so he go to jail. And now I can't buy a firearm to protect my family
A:
A misdemeanor DV conviction can destroy lives due to the unforeseen consequences. From the context of the question, it appears that you have already been adjudged guilty of Domestic Violence 3rd Degree. The two ways to have your Second Amendment Rights restored/ revived, that I can think of, are 1) be granted a pardon or 2) have your conviction overturned and be found not guilty of the offense/ have the offense dismissed.
It is possible to have your civil rights restored via a pardon. This process can be started by going to your local State of Alabama Probation and Parole office and filling out the necessary forms. You may be required to submit to DNA testing and jump through other hoops as well. If pardoned, and the pardon specifically revives your firearm rights or revives all of your civil and legal rights, then you could legally purchase a firearm. This will not undo or nullify your conviction; your conviction would stay on your record. A pardon could be viewed as the State forgiving the conviction rather than forgetting the conviction. There are attorneys that specialize in the restoration of gun rights, they can give you a more in-depth answer based on your specific circumstances.
There are very limited ways of getting a conviction overturned and the first hurdle is based on how the conviction came to be. If you pleaded guilty, it may be possible to have the guilty plea set aside. If successful, the charge would be reinstated and you would have a pending Domestic Violence charge. Depending on the age of the case and the willingness of the parties to continue to prosecute the charge the State could seek to convict you again, but legally this time, or dismiss the case. The best course of action is to find a criminal defense attorney and ask them to take a look at the record to see if it would be possible to have your conviction overturned.
Based on your circumstances, situation, and attending facts, one path may be better than another or you may have a third route not listed above. You should seek the advice and counsel of an attorney for more specific direction.
I hope this helps,
Travis
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
