Domestic Violence, Expungement, & Firearm Rights

Individuals convicted of a misdemeanor crime of domestic violence, or MCDV, are prohibited by federal law from possessing or transporting any firearm or ammunition. However, those firearm rights can be restored if the conviction is expunged from the record. The experienced post-conviction relief lawyers of The Kavinoky Law Firm are skilled in every aspect of obtaining expungements and restoring the rights of individuals convicted of misdemeanor domestic abuse offenses.

Misdemeanor domestic violence offenses that qualify for firearm rights restoration after expungement are those federal or state offenses that include the use or attempted use of deadly force or threats of using a deadly weapon. Domestic violence law covers current and former spouses and live-in boyfriends and girlfriends, heterosexual and gay couples, parents of children, and parents and guardians.

Certain individuals won’t necessarily need an expungement to restore rights such as firearm possession. These exceptions include anyone who was convicted without being represented by an attorney, or who was entitled to a jury trial and didn’t receive one, unless the individual expressly waived those rights. Also, if an individual was pardoned or otherwise had his or her civil rights restored, no additional action is necessary.

However, if the offense was previously expunged or pardoned or civil rights were restored with express provisions about weapons possession, the individual still cannot own, possess or transport firearms or ammunition. Also, the individual may be otherwise prevented by local, state or federal law from possessing firearms.

However, many individuals convicted of California misdemeanor domestic violence offenses can have firearm rights restored through the process of expungement. The skilled California domestic violence attorneys of The Kavinoky Law Firm will fight aggressively to restore individual rights after a domestic abuse conviction. Contact them today for a free consultation.