Here’s a little more about the process.
It is done by filing a petition with the circuit court where you were convicted or where you currently live. In that petition we must show you are a citizen of good character worthy of the relief requested. That is, you deserve to have your citizenship rights fully restored.
This is done by showing your work and education history as well as by your standing in the community. Specifically, the court will care about how you’ve been SINCE the conviction.
Think of the petition as a resume on you as a person. The judge needs to see that this conviction so many years ago does not define you.
To this end my approach is to “leave no doubt”. That is why I like to have 3-5 affidavits of character from people who have known you since the conviction. Parents and close relatives do not count. These need to be from employers, clergy, neighbors, etc. I will be able to provide samples to give people an idea of what is needed.
I will also want an affidavit from you explaining the changes you’ve undergone since the conviction.
Once we file the petition the state (district attorney’s office) has 20 days to file their position on it. Typically, there will not be any opposition.
Once those 20 days have passed the petition will be set for hearing.
After the hearing the judge will issue an order. I have a draft order I supply the court granting the full restoration of your rights. Once the order is signed the restoration will be transmitted to the criminal court clerk, then the TBI, and ultimately to the FBI.
Though you legally will be able to own a firearm immediately upon the signing of the order restoring your rights you won’t be able to pass a background check for several months. That’s just the time it takes for everyone to update their databases. It’s an administrative lag and shouldn’t be a concern. You can legally purchase a firearm from a private seller.
The whole process will take a few months. Once retained I can obtain the necessary court records and begin drafting the petition. It will largely be on you to get people to get the affidavits completed and sent to me to accompany the petition so that we can file it.
Are you interested in learning more? Use the chat box below and reach out!
