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

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1 Lawyer Answer
James E Hensley Jr
James E Hensley Jr
  • 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.

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