Sparkman, AR asked in Criminal Law for Arkansas

Q: Order to seal and expunge under 5-64-401 act 346 give your gun rights back

In 2002 I plead guilty of 5-64-401 with seales and expunged record and was told I would have my gun rights back

Related Topics:
1 Lawyer Answer

James E Hensley Jr

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

A: Well, gun rights are sort of tricky in Arkansas and some states. The statute of which you speak is drugs. You are probably eligible to have your record sealed. It sounds like your record has been sealed. If so, you can vote and don't have to admit that you have ever been arrested. After you have your record sealed, you can petition the Governor to restore your gun rights.

To have your gun rights restored, you will have to file a clemency action with the Governor of the State of Arkansas. Most criminal defense attorneys can do this for you. We do a lot of them. You might be able to do it yourself also. Not sure I would want to do it myself unless I was a lawyer though.

With that said, the Governor will sometimes agree to restore your gun rights. The FBI and Federal Government may not agree though. While it is doubtful the FBI or Feds would ever cause you trouble with having a weapon on you AFTER the Governor restores your rights, I doubt you will ever be able to purchase a weapon from retail.

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.