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Criminal Law/Does a wrongfully convicted person regain all of their rights?


It is a known fact that if you are convicted of a violent felony(rape,murder,etc)you automatically lose both your right to vote and your right to own a firearm.But what if you are wrongful convicted of such a crime,serve a certain number of years,and then are released due to new evidence(D.N.A,etc)In this seneario,it is not a case of being released on a techincality or reasonable doubt:the new evidence proves both that you couldnt have commited the crome and actually leads to the arrest and conviction of the real perp.Also,assume that the record of your offense has been expunged by the court.Under these,circumstance,would you regain the right to vote and own a gun?(For,the purposes of this question,assume that there is nothing in your record/history unrelated to the wrongful conviction that would preclude you from having these rights)If so,would they automatically be returned to you,or would you have to have some sort of offical hearing or go through some sort of legal process unrelated to the dismissal of your conviction?


Under the circumstances you describe, the conviction of the individual would be "set aside" and the person would be released from custody. Depending on the jurisdiction (federal/state), the conviction would be dismissed, therefore, all his/her rights would be restored by the Judge signing the Dismissal/Release Order. If necessary, they could also request an Expungement of the conviction, but that probably wouldn't be necessary with the Judge's Order.

In either scenario, the person would have all of their rights restored.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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