Hobbs, NM asked in Criminal Law and Federal Crimes for New Mexico

Q: Can my gun rights be restored after completion of deferred sentence..

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1 Lawyer Answer
Stephen Aarons
Stephen Aarons
  • Criminal Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: The short answer is "no." A deferred sentence is considered a conviction and under federal law you are barred for life from possessing firearms or ammunition. There is one loophole however. If you petition the New Mexico state district court for an expungement of your conviction, and the judge grants your petition in the interest of justice, the federal statute specifically states that an expunged conviction will not bar you from possession of firearms. New Mexico just passed an expungement statute in 2000. Depending on the level of felony, you will have to wait 4 or more years from the date you are discharged from probation before applying. Take our quick quiz to see if your conviction qualifies under New Mexico law for an expungement: https://aarons.law/expungement/quiz/

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