Garner, NC asked in Criminal Law for North Carolina

Q: I got a felony 8 years ago for possession, no conviction since. Can I sue to restore gun rights?

Thank you so much for taking time to answer my question.

Is there any way to go ahead and do get my rights back with a lawsuit, or do I have to wait to get my felony expunged, which is 10 years in NC; the petition is 20 years from conviction.

I could pay for a lawyer, just not over $2,000 at the moment. I am fairly sharp and might could do it myself if I just knew where to start and what to read. No lawyer locally has responded to phone calls or emails.

The reason for this is a recent incident, from a real criminal, could have cost my family their life, and I felt helpless.

I really could use some help, just a push start if nothing else. I have come from nothing, over come so much, am a great father and husband, and started my own business. I am a great member of society, and a good person in general.

Thank you for your time, Seth Richardson.

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1 Lawyer Answer
Will Blackton
Will Blackton
  • Raleigh, NC
  • Licensed in North Carolina

A: You may apply for an unconditional pardon from the Governor, which is granted at the Governor's discretion. An unconditional pardon is granted primarily to restore an individual's right to own or possess a firearm. Applications for pardons are handled by Pat Hansen at the Governor's Clemency Office. It's been my experience that applications for pardon prepared with the assistance of an attorney fare better than those prepared by applicants. For example, requesting a pardon on the basis that the applicant wished to use a firearm in a recent altercation, where it was ultimately unnecessary, is unlikely to be viewed favorably by the Clemency Office.

Historically, grants of pardons have been uncommon and occur near the end of Governor's terms.

Preparing a comprehensive application with a chance of approval is a time-consuming process. There is no guarantee that an application will be granted and almost certainly won't be granted quickly.

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