18 Pa.C.S. § 6105.1: Restoration Question

[SigForLife]

Yes, but under PA's current laws, you are not going to be able to obtain an expungement or restoration of rights (You also did not likely lose your rights, so there is a Circuit split as to whether you can even have restoration of rights, since you never lost them. If you spent any time in jail, there may be an argument that you lost your right to vote during that time, however). If this is your only offense, you may have a good chance at a Pardon, given the time that has elapsed. However, you cannot apply on the basis of having your 2nd Amendment rights restored. It would need to be tailored on a different basis. Also, it is currently taking 3 years to go through the Pardon process and there are no guarantees.

[Chazman321]

My buddy just went through all of this... He pleaded guilty of carrying w/o a license when he was 17. 10 years later, he applies for a LTCF, gets denied. Goes to court to get the restriction removed, and wins, with a note saying he isn't allowed to apply for or receive a LTCF. Finds out he is still prohibited under federal, and just spent 1400 bucks for nothing... Go meet with the Governor, ask him to write a pardon on a napkin and sign it, might be your best bet... lol

It stinks, I know. Even if you're good to go according to the state, the Feds still say no. You can try for a pardon. I have no clue about getting it expunged... You could talk to a judge or the DA, see if he will re-open the case, and find you not guilty. They can re-open it if you have new evidence, use her mental health history as new evidence that she might not had been telling the truth. Or, if your ex-wife is well these days, she can testify you didn't hit her...

-Chaz

[SigForLife]

My buddy just went through all of this... He pleaded guilty of carrying w/o a license when he was 17. 10 years later, he applies for a LTCF, gets denied. Goes to court to get the restriction removed, and wins, with a note saying he isn't allowed to apply for or receive a LTCF. Finds out he is still prohibited under federal, and just spent 1400 bucks for nothing... Go meet with the Governor, ask him to write a pardon on a napkin and sign it, might be your best bet... lol

-Chaz

Was your friend adjudicate delinquent or charged as an adult? If adjudicated delinquent, then he does have another option, if it was his only adjudication of delinquency. He could likely get it expunged, which would result in federal relief.

[Chazman321]

Charged as an adult... He was an idiot at 17 and didn't think what he did would ever catch up to him later... We have a good track record of charging kids as adults here... lol


-Chaz

[DueceCoupe]

Yes, but under PA's current laws, you are not going to be able to obtain an expungement or restoration of rights (You also did not likely lose your rights, so there is a Circuit split as to whether you can even have restoration of rights, since you never lost them. If you spent any time in jail, there may be an argument that you lost your right to vote during that time, however). If this is your only offense, you may have a good chance at a Pardon, given the time that has elapsed. However, you cannot apply on the basis of having your 2nd Amendment rights restored. It would need to be tailored on a different basis. Also, it is currently taking 3 years to go through the Pardon process and there are no guarantees.

Got You...
I actually have my paperwork started for the pardon tailored on the basis I had to take a lesser paying job because of my criminal background.
2 different companies manufacturing the same product,the lesser paying was the only one to hire Me.
No,I never did do any time in jail.
I'm sure I lost my Gun rights as PSP hauled Me in and read Me the riot act in early 2001 for attempting to purchase a shotgun,.380 and obtain my LTCF.
But,have been called in for jury duty and have My voters registration card.
Should have been done with Her the minute She started acting crazy.
Its unbelievable that I am deemed a lesser class citizen now.
Took the blame,paid my fines,completed a anger management class and a year probation.
Why am I still having to pay for this by having less rights?

[DueceCoupe]

Got You...
I actually have my paperwork started for the pardon tailored on the basis I had to take a lesser paying job because of my criminal background.
2 different companies manufacturing the same product,the lesser paying was the only one to hire Me.
No,I never did do any time in jail.
I'm sure I lost my Gun rights as PSP hauled Me in and read Me the riot act in early 2001 for attempting to purchase a shotgun,.380 and obtain my LTCF.
But,have been called in for jury duty and have My voters registration card.
Should have been done with Her the minute She started acting crazy.
Its unbelievable that I am deemed a lesser class citizen now.
Took the blame,paid my fines,completed a anger management class and a year probation.
Why am I still having to pay for this by having less rights?

Can I have the case reopened?
She actually has done this again to Her current spouse,had the Cops show,found marijuanna and lost custody of Her daughter.
Have email after email from Her acting insane and emailing Me and My wife through facebook as well.....

[bob2055]

This is just a terrible situation. You can apply for a pardon. An attorney is NOT required. You may represent yourself. Google the PA Board of Pardons website. I think you have to mail a written request for the pardon application. Listen you have nothing to lose by applying for a pardon. Do it yourself save the $1500.00 for a lawyer. Again there is no guarantee you will prevail with or without a lawyer. I did my own pardon back in the 1990s. PM me if you want details. Bob

[GunLawyer001]

This is just a terrible situation. You can apply for a pardon. An attorney is NOT required. You may represent yourself. Google the PA Board of Pardons website. I think you have to mail a written request for the pardon application. Listen you have nothing to lose by applying for a pardon. Do it yourself save the $1500.00 for a lawyer. Again there is no guarantee you will prevail with or without a lawyer. I did my own pardon back in the 1990s. PM me if you want details. Bob

Do you do your own dentistry, too?

[IronSight]

This is just a terrible situation. You can apply for a pardon. An attorney is NOT required. You may represent yourself. Google the PA Board of Pardons website. I think you have to mail a written request for the pardon application. Listen you have nothing to lose by applying for a pardon. Do it yourself save the $1500.00 for a lawyer. Again there is no guarantee you will prevail with or without a lawyer. I did my own pardon back in the 1990s. PM me if you want details. Bob

I've got a friend researching pardon applications right now but I have to ask ...

are you bloody serious? A pardon application, of all things, is not what you want to screw up the first go round.

How anyone can in good faith recommend doing it without a lawyer is simply beyond me. It's not like you're simply arguing over a parking ticket.

[bob2055]

Do you do your own dentistry, too?

I did my own pardon back in the 1990s and won. After that I did my own expungement after I received the pardon. I was also granted an expungement (which I also did myself) this past June for a 2001 arrest in which all charges were withdrawn. I also do my own tax returns without a CPA. I cannot do my own dentistry.