I have a Class C Felony from 1995 for possession of a controlled substance in the state of Washington. Can I get my firearm rights restored and how long does it take/cost? Will I need to expunge or vacate my record before I can be allowed to have my firearm rights restored? Do I need an attorney for this or is it something I could do on my own?
DUI / DWI Attorney
Yes, you can have your rights to possess firearms restored. The process takes less than a month if everything on the case is in order. Also, I would motion to vacate your record of conviction at the same time if you qualify.
I have been handling these cases for more than two decades and I rarely see a person handle the technical paperwork sucessfully.
Call JensenLegal.com (206) 617-9173
Criminal Defense Attorney
It will probably be easier to hire an attorney who handles firearm restoration cases. The fee varies from attorney to attorney.
You are not required to vacate your conviction before making the motion to restore your firearm rights. And, as an aside, you cannot expunge a record of conviction in Washington.
You are eligible to restore your firearm rights if: 1) You have not been previously convicted (or found not guilty by reason of insanity) of a sex offense prohibiting firearm ownership or any felony defined as a Class A felony or a felony with a maximum sentence of at least 20 years or both.
If your conviction was for a felony (which it appears it was), then you may petition the court to restore your right after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony , gross misdemeanor or misdemeanor crimes.
You may also not have any prior felony convictions that prohibit the possession of firearms that are counted as part of your offender score. If they have "washed out", they do not count against you.
If you are eligible to petition the court, then you may do so in the Superior Court of the county where you convicted of the offense that prohibits your ownership/possession or the Superior Court in the county where you reside.