Antioch, TN asked in Criminal Law for Arkansas

Q: Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States

I have a 3rd degree battery charge already over a year old. Temporary restraining order was dismissed court fees paid in full. If i get it expunged or pardoned will i retain my gun rights back

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1 Lawyer Answer

James E Hensley Jr

Answered
  • Criminal Law Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: To have your gun rights, there are a couple things required:

1) You must have your record sealed. A Battery III can be sealed five years after you are finished with probation, payment of fees, restitution, costs, etc. Don't bother filing anything with the Governor or ACIC until the time has ran. You will be wasting your money: and

2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to reinstate your gun rights.

Please realize that the Feds may not recognize the gun rights reinstated so you might not be able to buy a weapon at a store. You can still own one and carry it though; at least that's what a Governor's pardon should do. Note that there are several websites who will not know of your record being sealed. If a prospective employer runs a background check, it is entirely possible that your record will still show up. You will then send this Website a copy of the Order to Seal. They should correct their records. Background websites do not watch for any changes in your record. They just report everything and let their clients sort out what is true. You will be correcting errors for quite some time. Your lawyer will not do this for you. He/she will be clearing your state record only.

You can do most of this yourself through ACIC.ORG where you can obtain the forms. Still, the system doesn't work well with folks representing themselves. Fees to do all the legal work is usually between $1800 and $3500 depending on how many charges you have and other circumstances that will inevitably arise.

Take some really good advice from a lawyer who helps people in your shoes:

1) Get a Lawyer;

2) Make sure this lawyer is the most-expensive lawyer out there;

3) Make sure your lawyer gives you his cell phone number and will talk to you on the weekends, evenings, and holidays; and

4) Allow about 6 months for the procedures to be finished.

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