Legal Question in Criminal Law in Louisiana
I pled guilty to possession of Oxycodone and possession of a steroid in January 2007. Did drug court which was very intense program in Jefferson Parish. Was sentenced under Article 893. I am now 48 years old. I have never been arrested in my life before or after. I love to hunt and have always owned firearms. Is it possible to have these felonies reduced to misdemeanors before having these charges expunged.How should I go about this if possible and could you recommend a good attorney that could handle this. Thank You
1 Answer from Attorneys
After a conviction, charges are not reduced because the matter is resolved by the plea of guilty. Your Constitutional Right to bear arms are not restored until after the passage of ten years from the date you are released from state custody or supervision. Simply, the ten years begin to run after your parole or probation is terminated. The expungement statute under which you pled only removes this conviction from the publics view and not from the inspection of governmental/law enforcement agencies. If you are arrested, after expunging your record of the conviction, for possession of a firearm, you can be charged with possession of a firearm by a convicted felon. An expungement does not prohibit the State from prosecuting you as such nor as an Habitual Offender if convicted of another felony within the ten year cleansing period.
You can petition the State of Louisiana for permission to purchase a hunting rifle and explain your situation. It is my guess that you will be denied because of the conviction but you can try.