Expert: n/a - 7/29/2008

Question
QUESTION: I have fought the courts to get my gun rights back. The VSP record shows I was convicted of two simple assaults (involving my wife and step son). There is no evidence in the courts to prove I was convicted. Is there any other way to get my rights back? This has been going on for over a year and I am at wits end.

ANSWER: I don't understand,  If you were convicted then you must apply for restoration of rights with no restrictions.  Either you were convicted in court or not.  The only way you can prove you were convicted is by taking your fingerprints and waiting for the local and FBI results to return.  You also should know if you were convicted in the court of law.  Your case is a Domestic Violence case, therefore; your firearm rights will be handled much different.  First you have to find out if you have an FBI record or not.

Good Luck

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

QUESTION: Okay, thanks. I do have a record according to the VSP. It is on file. The case was 17 years ago. I made the statement that I did smack the stepson on the head, and the judge said that because I said that, I admitted to guilt. He said that it was all too emotional and that he was going to wait for a year to see if I came back, so he tabled it for that amount of time. I should not have been charged or convicted, as I have not even had a speeding ticket in the 17 years since. My question is what can I do to get all this off my record. The Commonwealth Attorney said that it was our burden to prove our side. There are no records to do that. My wife remembers the hearing, but it is just a memory. My stepson was too young to be in the courtroom, but he is willing to be a character witness...My old lawyer isn't any help...so where can I turn?

Answer
Virginia has an Executive Clemency Board ran by Mr. Micah Womack you will have to go online and download an application.  It will take about six months to receive it, when you get that executive clemency then you can try for restoration of firearm rights.  Your offense may be under the violent crime so you may have to have an interview before the Governor can sign off on your certificate.  A notorized letter from your wife will help out very much.  This case is still a Domestic Violence case so you must get Executive Clemency first.  Federal Law prevents anyone with a Domestic violence conviction from having any kind of firearm until your rights are restored.

Good Luck