Expert: n/a - 11/23/2008

Question
QUESTION: Hello,
I was convicted of burglary of a non-residence in 1980.  My friends and I broke into a Dairy Queen and cooked some burgers.  I was placed on 4 years probation, and released after 3 years for good behavior.  In 2003, I was given a felony waiver and joined the US Army, and was granted a Top Secret Security Clearance.  I was Honorably discharged in 2008.  I would like to have my gun rights restored.  There is a website, called recordbegone, have you heard of them, and would you recommend them, or someone like them?  They claim my record can be set aside, and my rights would be restored.  

Any advice would be appreciated.

Thanks,

Kevin

ANSWER: I don't recommend them, You can only have your rights restored, set aside, pardoned, expunged etc. through the courts where you was convicted.  For firearm restoration of rights all you need is a certificate of relief from disabilies or certificate of rehabilitation some states have different titles for their restoration of rights.  Your certificate must NOT state you can't own, transport, possess or purchase firearms.  In other words you can't have any restricitions on your restoration of rights certificate. You have a good case because you already worked with firearms after your conviction you must express that to the Judge or Probation Dept.  Use your DD-214 with any application you send in.  I don't know what state you was convicted in but most states have the same process I just hope you are not from NC, Utah, NY, GA or NJ

Best of Luck

---------- FOLLOW-UP ----------

QUESTION: I am still not very clear with this.  Everything was in Texas, if they have different laws.  The conviction was in Corpus Christi, TX, and I now live in the Dallas area.  Do I need to get a lawyer to request a certificate of restoration or is that something I do on my own?  I have searched for this and have been unable to find clear instructions, or the form myself.  Do I have to petition in the same city, same county, or just same state I was convicted in?  Is there a type of lawyer that specializes in this, I just really want someone who is experienced with this, and not having them to learn as I go.

Thanks again,

Kevin

Answer
usually if you did state time in prison you can get it done anywhere in the state (TX Dept. of Parole).  If you was just put on probation you have to return to the court where you was convicted.  You can also do an online search.  Try searching texas restoration of rights or executive clemency.  I have never heard of anyone using a lawyer for this process unless they were denied, and that is unusual as well.  They will restrict you from firearms or certain other licenses before they just deny anyone.

Like I said each state has it's own way of dealing with restoration of rights.  Some states are similar to others, it can be a long process sometimes it all depends on your siuation after your conviction and the crime.  Don't give up out of frustration because it's worth it at the end just prepare to hire a Lawyer if you are denied.

Call Ms. Maria Ramirez Board of Pardons and Parole (512) 406-5852 she should be able to help you with your situation make sure you speak to someone even if she is not there.

Best of Luck