If you have a prior felony or domestic violence conviction, the government removed your right to possess or own a firearm. However, if you obtain an expungement of the disqualifying offense, you can restore your firearm rights. At the Olsinski Law Firm, PLLC, we’ve assembled a dedicated team of firearm restoration lawyers who are passionate about helping our clients regain their Second Amendment rights. Give us a call today to schedule a free consultation to discuss your case and see how we can help you.
What is (and What Isn’t) an Expungement?In North Carolina, expungement is a legal process that allows you to have certain criminal records removed or sealed, making them no longer accessible to the public. An expungement can provide significant benefits, such as improving employment opportunities and restoring rights lost due to a criminal conviction, including firearm rights.
While expungement seals the record from public access, it does not destroy the record entirely. Law enforcement agencies and the courts still maintain a sealed record, which can be accessed under specific circumstances, such as by court order or for certain criminal investigations.
Expunging Your Record Can Restore Your Gun RightsOne of the major benefits of an expungement is that it can restore the right to own a firearm that was removed as a result of a criminal conviction. However, expungements are not available for every conviction. Below are a few expungement FAQs:
What Convictions Are Eligible for an Expungement?In North Carolina, your eligibility for expungement of a conviction depends on the type of offense, your criminal history, and the amount of time that has passed since the conviction or completion of the sentence.
Non-violent misdemeanor convictions are generally eligible for expungement. A non-violent misdemeanor is defined as a misdemeanor that does not involve violence, assault, the use of a weapon, or sexual offenses. You must wait five years from the completion of your sentence before you can petition for expungement.
Certain non-violent felony convictions are also eligible for expungement, particularly if you have no other felony or misdemeanor convictions. For non-violent felonies, you will need to wait ten years from the completion of your sentence before you can file the petition. However, if you were under 22 at the time of your conviction, the waiting period may be reduced to four years.
Violent felonies are not eligible for expungement.
Is an Expungement a Guarantee?No, an expungement in North Carolina is not a guarantee. The process of obtaining an expungement involves meeting specific criteria, filing a petition with the court, and, in many cases, appearing at a court hearing. For example, even if you meet all eligibility criteria, the judge has the discretion to grant or deny your expungement. The judge may consider various factors, including the severity of the offense, your behavior since the conviction, and any objections from the district attorney or victims.
Can You Obtain More Than One Expungement?Typically, North Carolina law allows for the expungement of one misdemeanor and one non-violent felony. While there are exceptions, in most cases, subsequent expungements are not permitted.
Are There Other Options Similar to an Expungement?Yes, there are several options similar to expungement that can help manage your criminal records in North Carolina. While expungement is the process of legally erasing or sealing a criminal record, other legal mechanisms may provide relief from the consequences of a conviction or arrest. An experienced Charlotte expungement lawyer can assist you with all possible options.
Are You Looking to Restore Your Firearm Rights?If your firearm rights were lost as a result of a criminal conviction, the Olsinski Law Firm, PLLC, may be able to help. Our Charlotte attorneys have decades of experience helping our clients regain their firearm rights through all available means, including expungements. We take pride in providing customized representation to each of our clients, and we strive to attain your goals as efficiently as possible. To learn more and to schedule a free consultation today, call the Olsinski Law Firm, PLLC, at 704-405-2580. You can also connect with us through our secure online contact form.