Restoration of rights to own guns, vote, etc.

WARNING FEDERAL PROSECUTORS ARE GOING AFTER PEOPLE PROHIBITED FROM OWNING GUNS, EVEN IF THEY HAVE NO RECENT CONVICTIONS. You can expect them to cross check hunting licenses with their list of prohibited persons and make further arrests. If you know someone who MAY be prohibited from having a gun, please tell them to check out the information on "expunging a criminal record" and get their record cleaned up so their rights will be restored, if they are deserving. That way the federal prosecutors can concentrate on the violent criminals, not people who have reformed their behavior after many years. NOTE: Utah Shooting Sports Council does not advocate that violent criminals be allowed to have guns, but we do recognize that many people are able to correct their behavior and after a reasonable period, may be worthy of having their gun rights restored so that they can engage in hunting, own a cherished family heirloom gun, or work in the military, law enforcement or a business where they may come in contact with guns or ammunition. Each case should be considered on its individual merits. If a felon has redeemed themselves enough to have voting rights restored then they should be eligible for gun rights as well. Ballots can be as dangerous to freedom as bullets.

State and Federal Laws declare that ANYONE ever

(a) convicted of ANY felony, or any offense which COULD have resulted in a sentence of 1 year or longer (even if the actual sentence was much less than that), or

(b) convicted of any offense considered to be "domestic violence"[including many unrelated to abusing spouses] or

(c) who is subject to a restraining order

IS NOT ALLOWED to possess, buy, or carry ANY gun.

This also prohibits a person from any job in any military service, or any law enforcement agency, or any business that may put them in contact with any gun or ammunition, ever.

If someone was convicted of a crime many years (or decades) ago, that still counts against you. A protective order or restraining order will count against you unless it has been officially revoked.

If you owned a gun for many years and then received a restraining order as part of a rubber stamp divorce proceeding that was never lifted, you can be arrested for merely having the gun, or going hunting, or whatever.

WHAT PEOPLE SHOULD KNOW ABOUT CLEANING A CRIMINAL RECORD
NOTICE: The following article was adapted from a chapter in Mr. J.D. Vilos' book Utah Gun Law II: Pancho’s Wisdom
Mr. Vilos only practices in Utah. If you were convicted of a crime in a state other than Utah, you need to contact an attorney in that state to have your conviction expunged."

WHAT IS EXPUNGEMENT AND WHO NEEDS IT?

The word "expunge" means to erase or wipe clean. The process recognizes that people who have done something wrong and have been punished can change for the better. It validates the concept of repentance. Unfortunately there are some who think gun owners shouldn't be given the opportunity to learn from their mistakes. Sarah Brady, the infamous anti-gunner, recently cited a study showing that people who had been convicted of misdemeanors were more inclined to commit violent crimes than those who have a "squeaky clean" record. She reportedly stated that some misdemeanants or "perhaps even all" should be restricted from purchasing or possessing a handgun! Utah lawmakers have been encouraged to eliminate the process of cleansing one's criminal record or "expungement" as it is known in the Utah Code. This article discusses the process of expungement and who qualifies. Gun owners with criminal records should have their records expunged while this legal process is still available to them.

Expungement is described in detail in sections 77-18-10 through 17 of the Utah Code.

CRIMES THAT CANNOT BE EXPUNGED

The following crimes cannot be expunged:

1. Capital felonies,
2. First degree felonies,
3. Second degree forcible felonies,
4. Sexual acts against minors.

OTHER CONDITIONS THAT MAKE A PERSON INELIGIBLE FOR EXPUNGEMENT

1. Conviction of two or more felonies (that don't arise out of a single criminal episode).
2. A person who has already expunged a felony.
3. A person who has already expunged 2 or more misdemeanors unless they are class B or C misdemeanors and at least 15 years has lapsed since the convictions
4. A person convicted of three or more criminal offenses more serious than a class C misdemeanor (not arising out of a single criminal episode), including those previously expunged, regardless of where the expungement occurred.
5. A person with a criminal offense pending against him or her.

WAITING PERIODS THAT APPLY TO DIFFERENT TYPES OF CRIMES

After conviction a person must wait a certain period of time before his or her record can be sealed. The worse the crime and the more crimes committed, the longer the wait. Waiting periods don't begin until all jail sentences have been served, the fines completely paid and parole and probation successfully served.

1. Felony - seven years
2. Alcohol related traffic offense - ten years
3. Class A misdemeanor - five years
4. Three years for any other type of misdemeanor or infraction, and
5. Fifteen years in a case of multiple (three or more) class B or class C misdemeanors.

IF I HAVE BEEN CONVICTED OF TWO FELONIES OR THE TIME PERIODS ABOVE HAVEN’T EXPIRED AM I TOTALLY OUT OF LUCK (TOL)?

Possibly not. Gun owners have an "ace in the hole" known as a "402 Motion" where even third degree felonies can be reduced a level (or if you’ve really been good, two levels). A two level reduction requires the prosecutor’s consent. This process can be expensive and uncertain, but it may be a person’s only chance of getting his right to bear arms back. Contact Mitch Vilos for further questions.

OTHER RULES APPLYING TO EXPUNGEMENT

The victim of a crime, or in the case of death, the victim’s family must be notified that a convicted criminal is petitioning the court for an expungement or cleansing of his record. The prosecuting attorney should also be notified. This gives these people a chance to object to the expungement if they want to. If objections are received, the court sets up a hearing date. If no objections are received, the court can grant the expungement without a hearing. People who have been convicted of a capital felony, first degree felony, second degree forcible felony or sexual act against a minor may not have their records expunged. Of course, the person petitioning the court for expungement must show that he has completed all the requirements of sentencing, probation or parole.

If the time periods are met, unless the victim, victim's family or prosecuting attorney can convince the court that it is not in the interest of the public to grant the expungement, the court must grant it. After the expungement is granted, the person whose record is expunged [cleansed] can state he has not been convicted of the crime expunged. However, if he is applying for a concealed weapon permit, he must still disclose the crime (see Chapter VIII, Utah Gun Law:Good, Bad and Ugly).

After the court enters an order of expungement, it is up to the petitioner (the person convicted of the crime) to serve a copy of the order on all government agencies that could potentially disclose the offense if asked, including the FBI. Such orders instruct these agencies to seal the records and refuse to disclose evidence of the arrest and conviction if asked. If you were arrested in Logan by the Cache County Sheriff and convicted in the First Judicial District Court, you would want to serve the court, the sheriff and the FBI (depending on the crime)with a copy of the court order expunging your records. It would be a good idea if you called to verify that they received the papers and sealed the records.

Even expunged records are accessible to the Board of Pardons and Parole, Peace Officers Standards and Training (POST), federal officials unless prohibited by federal law, the Division of Occupational and Professional Licensing (the people that license doctors, lawyers, chiropractors, dentist etc.), and the State Office of Education. As mentioned above, they are also available to the Division of Public Safety to determine "good character" when issuing concealed weapon permits.

Further information about expungement IN UTAH ONLY can be addressed to the author of this article:

Attorney James D. "Mitch" Vilos
P.O. Box 1148 Centerville, Utah 84014
Local Tel.No.: (801) 295-3340
Mobile: (801 ) 560-7117
1 (800) 530-0222
E-mail mitchv@firearmslaw.com
Practice Concentrating in Accidents and Personal Injury, Insurance Law, Medical Malpractice, Defective Products, Workplace Injuries (not Worker's Compensation), and Firearms Law (representation of gun owners in criminal actions, and expungements).