Can a Convicted Felon Get Gun Rights Restored in NC?
It’s no secret that the consequences of being convicted of a felony can follow you long after you’ve served your sentence. One of these consequences is that you are legally barred from owning or carrying a firearm. However, this doesn’t necessarily mean you can never go hunting or protect yourself or your home again. Our gun rights lawyers in Raleigh are sharing how you can get your firearms rights restored in North Carolina.
Expunging Your Felony Conviction to Restore Gun Rights
If you were convicted of a nonviolent felony, you may be eligible to apply for an expungement. This means your record is sealed and you are given a “clean slate.” In order to be eligible for this, your sentence or probation must have been 10 years ago or longer, must be a Class H or Class I felony, and cannot:
- Involve any kind of violence or assault
- Require placing your name on the sex offender registry
- Involve possession of heroin or methamphetamine
- Involve the sale or delivery of cocaine
- Involve any type of hate crime
- Involve the use of a commercial motor vehicle
Expungements are difficult to obtain and the path to filing can be challenging to navigate. Our team of attorneys assists those convicted of felonies to reclaim their records and restore their rights, including their gun rights through this method.
Applying for Restoration of Gun Rights After a Felony Convictions
If your felony conviction can’t be expunged, the next option to restore your right to own or carry a gun is to file a Petition of Restoration of Firearms Rights. In order to be eligible for approval, the date of your conviction must be at least 20 years prior to filing and satisfy the following criteria:
- A resident of North Carolina for one year prior to filing
- Only one felony on your record and it must be a nonviolent felony
- Rights of citizenship have been restored
- Not convicted of any other crime since the conviction of the felony
- You’ll submit to fingerprinting from the county sheriff’s office
Also, you can’t be disqualified from any of the factors that would affect your ability to own or carry a gun, which we are listing below.
Contact a Gun Rights Restoration Attorney
Who Cannot Have Their Gun Rights Restored in NC?
Even if your record is expunged or your non-violent felony was committed over 20 years ago and you meet all the criteria above, you may not be eligible to have your gun rights restored if your felony was a federal felony or any of the following are applicable to your situation:
- You are under indictment for a felony
- You are a fugitive of justice
- You are an unlawful user of a controlled substance
- You were ever dishonorably discharged from the military
- A civil no-contact order or restraining order has been filed against you and is still in effect
- An entry of a prayer for judgment continued for a felony has been filed
Schedule a Consultation with a Gun Rights Lawyer in Raleigh Today
If you’ve been convicted of a felony and would like to have your gun rights restored, schedule a consultation with an experienced gun rights lawyer in Raleigh today. We are dedicated to helping you get your rights back so you can enjoy outdoor sports or protect yourself and your home. Reach out to us today at 919-615-2473 for our Raleigh location, 919-365-6000 for our Wendell location, or fill out the form below to get started.
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Jeff is an experienced criminal defense attorney in Raleigh. He has effectively represented the citizens of Wake County and all over North Carolina since 1989.
