Q: Can I get relief from weapons disability after I had my felony expunged
Will all my firearms rights be restored after my felony is expunged
A:
IF YOUR ELIGIBLE FOR EXPUNGEMENT OF THE WEAPONS CHARGE, THEN YOUR ABILITY TO GET A FIREARM WILL DEPEND UPON WHAT ELSE YOU HAVE ON YOUR RECORD AND WHETHER YOU WILL CLEAR A "BRADY" CHECK. I BELIEVE YOU STAND A GOOD CHANCE. I AM NOT SURE IF AN APPLICATION TO OBTAIN A FIREARM HAS ANY QUESTION THAT REFERENCES WHETHER YOU HAVE HAD AN EXPUNGEMENT. IF IT DOES NOT, THEN I THING YOU HAVE A GOOD CHANCE.
BEST OF LUCK
PAT DICHIRO
A: These are two separate processes you’re talking about here: record sealing and an application for relief from weapons disability. There are also two types of disability: state and federal, and they are triggered by different things. Depending upon the offense, sealing the record may not relieve the disabilities, in particular the federal disability triggered by conviction for any offense punishable by more than 1 year.
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