Legal Question in Criminal Law in Washington

i was convicted of felony theft in 1984 or 1986. what do i need to do to get my firearms privelages back? my conviction was to be expunged after i completed my probation, but it apearse that it hasnt. the crime was commited in Washington state, i live in Idaho now.


Asked on 11/19/09, 6:45 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

You should hire a local attorney (near the court in which you were convicted) to have it vacated. Depending on the court, they can have it done without you returning to the state.

At your service,

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Answered on 11/25/09, 2:54 pm
Paul Ferris Law Office of Paul T. Ferris

Whether you are prohibited from possessing firearms as a result of a felony conviction COMMITTED prior to July 1, 1984, depends on the seriousness of the offense and whether there was a dismissal.

Any felony conviction for an offense committed on or after July 1, 1984, results in a firearm disability under Washington state and federal law until the offender restores the right to possess firearms and has all core civil rights retored.

As long as your conviction is not presently considered a class A felony (max penalty 20 years or more) or a sex offense, you can regain the right to possess firearms.

Relief must be obtained in Washington; however, you do not need to personally appear. Of course, is easier if you have an attorney handle the matter, but it is not necessary. Procedure varies from county to county.

The applicable WA statute is RCW 9.41.040. You can find a summary of eligibility requirements at www.washrecord.com .

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Answered on 11/25/09, 3:03 pm


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