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Class C Felony Expungement

Discussion in 'Criminal Records, Expungement' started by Jake Stephens, Mar 17, 2022.

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  1. Jake Stephens

    Jake Stephens Law Topic Starter New Member

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    Jurisdiction:
    Alaska
    In 2014 I was convicted of a MISC 4 class C felony for possession of heroin. I've been told that after 10 years I can appeal to have my 2nd amendment rights reinstated. Is this true? I can't seem to find a solid answer online. It was my first and only criminal charge. This might not matter- but since then, I obtained a bachelors of science, a class A general contractors license, and own and operate a construction company I founded. I'm happily married and own a home in Colorado now. My wife and I are planning on having kids, but the fact that at some point I'd have to look them in the eye and tell them why I can't take them hunting, or be their soccer coach, or their scout leader, or whatever the case may be, puts me on the fence.
    Also, I believe there may have been some kind of misrepresentation, or possibly conflict of interest. The public defender I was assigned was also the court appointed lawyer/recruiter for a therapeutic court program. He told me if I didn't accept the offer to enter the program I would receive a minimum sentence of 3-5 years. But after speaking with other lawyers years after, I've found out that was not a good decision. That being a first time offender I would've received felony SIS, and would have been clear of the felony charge within a year or so.... Any advice or insight is appreciated. Thanks.

    -Edit: It also might be noteworthy that my public defender informed me of the decision between wellness court or prison when I entered the courtroom, and said I needed to decide before I was called to the stand or I was going to get the 3-5 years.
     
  2. army judge

    army judge Super Moderator

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    Many states have a process to expunge certain crimes.
    Yes, that is true.

    The RUB is that as far as the Federales are concerned, your 2nd amendment right can be restored ONLY if (in your case) the governor issued a full, unconditional pardon.

    Furthermore, even if the conviction were expunged, the FBI still retains your fingerprints, arrest report, mugshot, and record of your conviction.

    Again, only a pardon could cause all of that damning information to be cleansed.
     
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  3. Redemptionman

    Redemptionman Active Member

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    They do that as well for arrests that never result or later nolo proseq.

    Man, honestly once you take an adult felony conviction that tends to follow you around the rest of your life. I understand having to use a public defender but again that is something you should not have done. If you took a plea deal then you signed a document stating what you were doing and what rights you were giving up. I would pursue the restoration of your gun rights in the state where you were convicted. It takes money and an attorney to get the proper motions filed,

    Even if you get an expungement it will not restore your gun rights, this will require a full pardon of the conviction.

    Good Luck with it.
     
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  4. flyingron

    flyingron Well-Known Member

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    If it was an Alaska state felony and ten years have elapsed since the end of your sentence/probation, etc... your rights are automatically restored. You have a few more years to go. Nothing you can do will speed this up.

    It's long too late to do anything about anything with regard to ineffective counsel on your original case. Note that many of the rules for deferred dispositions, etc... on felonies in your state occurred a couple of years AFTER you were convicted, so you need to make sure you're talking about the rules that applied at the time, not what is the case now.
     
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