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5 Questions About Restoration of Rights in Wyoming
June 10th, 2020
A Wyoming felony conviction carries significant penalties, including hefty fines, court costs, and jail time. You also lose many of your civil rights, including the right to vote, the right to serve on a jury, the right to hold office, and the right to own a gun. Once your sentence is complete, you may be able to have many of these rights reinstated. But the process is not always automatic, and it is wise to work with an experienced criminal defense attorney who can help ease your transition back into society.
What Is a Restoration of Rights?
If you were convicted of a felony in Wyoming, you forfeited many of your civil rights, including the right to vote, the right to serve on a jury, the right to hold office, and the right to bear arms. In some cases, a felony conviction can result in the loss of the right to obtain professional and business licenses, and the right to seek government secured loans and housing. Once you have been released, you can petition the government to have many of these rights restored. This process is called a restoration of rights.
Restoration of rights in Wyoming is not always automatic. In many cases, you must apply to have your rights restored. If you were convicted of a felony after January 1, 2010, your right to vote is automatically restored when you complete your sentence, including probation or parole. To have your other civil rights restored, including your gun rights, you need to request a restoration of rights. In most cases, to be eligible you must have been convicted of a nonviolent felony and must wait five years after the completion of your sentence, including probation.
Why Seek a Restoration of Rights?
A Wyoming felony conviction can have a profoundly negative effect on your life and the life of your family. You may experience difficulty getting approved government loans or government housing and may have trouble finding a job. If you are unable to vote you cannot participate in the democratic process. If you lost your gun rights because of a felony conviction, you lost the ability to protect yourself, to go hunting, and to carry a concealed weapon. Losing these rights is contrary to the idea that you will be let back into society once you have paid your dues. Seeking a restoration of rights can help eliminate many of these obstacles to your success.
How Do I Request a Restoration of Rights?
To request a restoration of rights, you must file an application in the county where you were convicted. If you wish to have your gun rights restored, you must first seek a restoration of your civil rights then file a separate application to have your gun rights restored. In some cases, such as if you were convicted of a violent felony or a felony that involved an attempt to cause bodily injury to a police officer, you are prohibited from possessing a firearm unless you receive a pardon.
How Do I Seek Restoration of my Gun Rights?
A qualified restoration of rights lawyer can help you get your gun rights back. Current federal law prohibits the sale of a gun to someone who was convicted of a felony. To possess or purchase a firearm, you need to have your gun rights restored. This can be accomplished by submitting an application to have your gun rights restored to the Federal Bureau of Alcohol, Tobacco, and Firearms (BATF). You must also qualify to have your gun rights restored under state law, which requires a pardon, expungement, or restoration of rights.
Once you have had your criminal charges removed you can apply to have your gun rights reinstated. You will need proof that you completed your sentence, and should be able to explain rehabilitation efforts you have taken and why you want your gun rights restored. If you are seeking a pardon, expungement, or restoration of rights and intend to seek to have your gun rights restored, the judge may schedule a hearing to ensure that you are eligible.
Because state and federal gun laws are complicated, it is best to work with an attorney who can help you get your gun rights back. An experienced lawyer can evaluate your unique situation and offer advice on whether you are eligible to have your gun rights restored and, if so, how to do it.
How Can a Lawyer Help with Restoration of Rights?
Having your rights restored after a criminal conviction is not always automatic. At Just Criminal Law, we will review your case to help you determine whether you are eligible to have your rights restored. After a careful analysis, if we determine that you are eligible, my team of criminal defense professionals can assist you in having your rights restored.
Restoring your rights is a complicated process that should not be attempted without the assistance of a qualified lawyer. If restoring your rights is important to you, contact Just Criminal Law today to schedule a personalized case review and strategy session. Our team of criminal defense professionals will help determine whether you are eligible to seek a restoration of rights and if you are, will prepare the necessary paperwork and represent you at any judicial hearings to assist you in having your rights restored.
If you need help putting your criminal past behind you, Just Criminal Law can help. Learn why clients choose us, read testimonials from former clients, and contact us today. Call 307-686-6556, email info@justcriminallaw.com, or complete our online form.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.