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Posted: 12/14/2018 12:41:19 AM EDT
I have a good friend that I've known for over 20 years and I found out that he did something really stupid when he was 16, he's in his mid 40's now. Anyways, he got caught stealing a bike out of somebodies carport and he was charged with felony burglary. He also told me that he got a DUI over ten years ago. Does he have a chance to get his gun rights back and what is the process? I'm assuming it would take hiring an attorney but what would something like that run? It happened in Yakima. Thanks for any info.
Link Posted: 12/14/2018 12:45:08 AM EDT
[#1]
Link Posted: 12/14/2018 1:24:28 AM EDT
[#2]
His first step is to talk to an attorney that specializes in these types of cases, I do know that in WA there are certain things that can't be expunged, I don't believe the DUI can be removed from his record, but I believe his felony should be able to be expunged.

I just helped a friend of mine go through the process earlier in the year with an OR felony that happened many years ago and he got his rights restored with no trouble, he just had to pay the bill which was a bit over a grand,.

But get an attorney, it makes things a lot easier.

ETA:  Was he convicted of the burglary as an adult or a juvenile?
Link Posted: 12/14/2018 1:56:45 AM EDT
[#3]
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Quoted:
His first step is to talk to an attorney that specializes in these types of cases, I do know that in WA there are certain things that can't be expunged, I don't believe the DUI can be removed from his record, but I believe his felony should be able to be expunged.

I just helped a friend of mine go through the process earlier in the year with an OR felony that happened many years ago and he got his rights restored with no trouble, he just had to pay the bill which was a bit over a grand,.

But get an attorney, it makes things a lot easier.

ETA:  Was he convicted of the burglary as an adult or a juvenile?
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I'm not sure, I will find out. I know a couple of years ago he was rejected from buying a rifle in a gun shop after the background check.
Link Posted: 12/14/2018 12:04:30 PM EDT
[#4]
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Quoted:

I'm not sure, I will find out. I know a couple of years ago he was rejected from buying a rifle in a gun shop after the background check.
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When I lived in WA, normally your juvenile record was sealed when you turned 18, so he needs to check to see that it has, if not, it needs to be requested that his juvi record be sealed.  But the first thing he needs to do is get a copy of his FBI record and find out what is on it and what could have prevented him from the purchase, you can request a copy of your FBI Identity summary history check.

FBI Identity History Summary Checks

I believe it is still $18 and he will have to submit a print card.

He also needs to request his records from Washington State Patrol, I believe they are like $12.00 and you can get a printable file online in .pdf format once you supply the information required.

Washington State Patrol Criminal History

He needs to get those two reports in hand, then he will have a better road map on how to clear it up.  Tell him to get his records, then call an attorney with records in hand and they can discuss how to overcome it.

The record my buddy has expunged was from 1981 and all it took was time and money, but it was worth it for him, it was just over a year to get his stuff cleared up and the day they entered the order, he was able to buy a gun and walk out the door with it.

Good luck, it seems like a pain in the ass, but it is worth it for him to get it cleared up and that way in the future, he don't end up in some kind of shit again.
Link Posted: 12/14/2018 12:20:24 PM EDT
[#5]
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Quoted:

When I lived in WA, normally your juvenile record was sealed when you turned 18, so he needs to check to see that it has, if not, it needs to be requested that his juvi record be sealed.  But the first thing he needs to do is get a copy of his FBI record and find out what is on it and what could have prevented him from the purchase, you can request a copy of your FBI Identity summary history check.
View Quote
Juvenile records are NOT sealed in Washington unless requested by the court.

https://www.washingtonlawhelp.org/resource/sealing-juvenile-court-records-in-washington
Link Posted: 12/14/2018 12:43:16 PM EDT
[#6]
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Quoted:
Juvenile records are NOT sealed in Washington unless requested by the court.

https://www.washingtonlawhelp.org/resource/sealing-juvenile-court-records-in-washington
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Okay, I said "when I used to live there" it has been many years since I lived in WA.  I just mentioned it because of a memory, if they have changed it, then no big deal, I do know you can request to have them sealed.  I also have heard of convictions being withdrawn once you have gone so long with not getting in trouble.  If the guy is in his mid 40's and his conviction was when he was 16, there will be a way to get it taken care of.

Content Guide to Criminal History, Washington.
Link Posted: 12/14/2018 2:45:22 PM EDT
[#7]
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Quoted:
Juvenile records are NOT sealed in Washington unless requested by the court.

https://www.washingtonlawhelp.org/resource/sealing-juvenile-court-records-in-washington
View Quote
Exactly.  I was a knuckle head as a juvenile lost gun rights and got them back by 21.

What he needs to do is make sure he has all of his fines paid off completely. Once that's done he'll file to to see a judge to restore his gun rights then he'll need to go the police station in whatrever town he was in trouble in and serve them with paperwork saying you're filing to get restore your rights. Go to the court date that you're given and have your copies showing that you've paid your restitution and fee's if he's been good with no criminal run ins the judge should grant him what he wants. Once that's done he'll need to seal his records the same way.
Link Posted: 12/14/2018 3:00:39 PM EDT
[#8]
he wont(unless you really want to pay a lawyer a ton of $$$)  need the felony expunged(if its a class C I think), he does have to not been in trouble for the last 10(or maybe its 5) years(DUI included) domestic violence = no luck

I went thru this in 2004, cost me $700 for lawyer, $200 check to Clark County(which is not where I was convicted) and took less than a month, had my CPL within the month.

Kinda funny as I went to Sportco to buy a gun, they ran my stuff and it came back as denied, I explained to them and provided paperwork, but they said NO ONE has ever gotten their rights back. So I call the NICs folks, and they sent me a certificate(looked like something your 4th grader would get in school)  saying I was good to go(even had the serial # of the gun I had tried to buy), handed it to the idiot at Sportco and he said I made it!!!!.....I said call the #....he did, said I was clear.....and then I told him to stuff it up his butt and never bought a gun at Sportco. About 5 years latter I became an FFL/SOT and was shooting machine guns with the ATF ;)

I will add my stupid mistake was a 2nd degree burglary(just 1 step above a misdominer) in 1986 when I was 18. I didn't burgle anyone...I was driving the car and had no clue what my idiot friend was up to, but I owned up to it. My rights were all restored in 1991 I think, got a CWP and bought and carried a gun, in 1996 there was a change in the state law......and they retroactively took my firearms rights away(and I had done NOTHING)  At the time there was not a good way to get them back, I needed a certificate of rehabilitation.......and there was no such thing

not sure if the good ole boy lawyer I used is still around, he was in Eastern WA someplace and this is all he did(lots of old hunters don't know they can't hunt) , never met the guy, just talked and sent a check. I had looked into it will a well known criminal lawyer.....but he wanted 30K..told him to pound sand

talk about coming full circle......I know(have for 10 years) own the S&W 686 that the Kitsap Sheriff that arrested me carried that day........yup, I own his personal gun, its in a S&W presentation case made for the anniversary of the WA State Penitentiary 1886-1986 :)
Link Posted: 12/15/2018 12:34:26 AM EDT
[#9]
I think a whole lot of us will be asking that in the next ~3 years
Link Posted: 12/15/2018 3:04:40 AM EDT
[#10]
Cool! thanks for all the informative replies. I'm going to see if I can help him out and get this taken care of.
Link Posted: 12/17/2018 4:54:33 PM EDT
[#11]
Buddy of mine asked me about the Domestic Violence issue a few weeks ago.  I wasn't sure what to tell him.  He grew up in Aberdeen, had a hard life and shit parents.  Made some mistakes but has been clean and sober for 20+ years, and his DV issue is over 20+ years old.

So is DV one of those issue that can never be overcome?

Thanks.
Link Posted: 12/17/2018 5:56:42 PM EDT
[#12]
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Quoted:
Buddy of mine asked me about the Domestic Violence issue a few weeks ago.  I wasn't sure what to tell him.  He grew up in Aberdeen, had a hard life and shit parents.  Made some mistakes but has been clean and sober for 20+ years, and his DV issue is over 20+ years old.

So is DV one of those issue that can never be overcome?

Thanks.
View Quote
He needs to check with an attorney who can look the original conviction up

Here is a link to the law on the DOJ website, will have to look up Washington's statute as well

18 U.S.C. § 922(g)(9)
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