Legal Question in Criminal Law in New Jersey

restoration of firearm rights

I live in new jersey and have several felonies related to an un-addressed drug addiction from several years ago including burglary and drug charges. I have since been crime and drug free for several years, own a home, business, married with young child. Can I ever obtain a gun again? For hunting or protection?


Asked on 11/30/08, 8:38 pm

1 Answer from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: restoration of firearm rights

You might be able to expunge the prior criminal convictions.

The general rule of thumb is:

If you were convicted of an indictable offense and it is not excluded from expungement by state law, you must wait until 10 years from the date of your conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is the latest date, before you may petition the Court for expungement; AND

b. - You must not have any disorderly persons, petty disorderly persons, or criminal charges, pending against you at the time your expungement petition is submitted; AND

c. - You cannot have been found guilty of/entered pleas of guilty- with respect to more than two disorderly or petty disorderly persons offenses or ever been convicted of any other crime; AND

d. - You cannot have ever been granted the dismissal of charges through participation in [PTI]pre-trial intervention; AND

e. - You cannot have ever been granted an expungement, sealing of records, or similar relief in any State or Federal Court with respect to a criminal/felony charge.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 12/01/08, 9:31 am


Related Questions & Answers

More Criminal Law questions and answers in New Jersey