Re: Non-Violent Felony Charge Restoration of Rights Missouri

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> Is the second option really an option? I've only seen a small
amount of cases in
> Missouri that ended up with any sort of pardon. Is there a
petition that I'm not
> aware of to expunge a record after a certain amount of time?
>
> On another note, does the ATF not investigate the background
of the person to
> judge if they should have their right restored? On a non-
violent crime, I would
> think there are other clauses that would be able to restore
your rights. With that in
> mind, what is this regulation to restore rights, that is
supposed to have changed in
> 2004 on the federal level?

Yes, getting a full pardon with restoration of firearm rights is
about as likely as winning the lottery. It can happen but not
likely. I just mentioned a pardon as one of only two
possibilities. And no, an expungement will not work for a
firearm application. Expunged records are still available "for
law enforcement purposes" which includes gun applications. An
expungement only allows you to deny any criminal record for job
applications etc. Only an exoneration of a felony crime by a
court will restore your firearm rights.

I think the rule change you refer to allows you to have records
deleted from the "Instant Background Check" files if you can
show they have been rendered a legal nullity by being overturned
or if you receive a full pardon. That rule change also allows
reinstatement of rights if they were taken away because of
mental health or substance abuse issues if you have a new
medical finding that you no longer suffer from the problem.
That rule won't help you.

If you have a felony conviction (even non-violent) you are
pretty much out of hope. Only getting it overturned will work.

Be aware that even holding a firearm in your hands is a
violation carrying a 5 year sentence. If you went hunting with
your family or friends you could not touch their guns for any
reason. That's just the way the law is.

By all means consult with a local attorney to see if there is
any possibility of restoring your rights. It will only cost you
an hour or so of attorney time to get a professional answer.