Restoration of rights?
- Thread starter GDAWG1958
- Start date
No offense to you or your friend, but there are plenty of things in life that if you do, you pay for it for the rest of your life. Right, wrong or otherwise. But on the other hand it Never hurts to ask or check your options.
You feel the way you feel because you know the guy outside the context of his felony.
Instead, imagine you or a family member were the victim in his armed robbery. I doubt you'd be sympathetic.
I hear ya, But can you all say honestly that you havent made a dumb move as a teen ager? Have you broken the law but just didnt get caught? Did his 6+years of prison (his sentance for the crime) not pay for that ? To make someone pay with their rights as a citizen for the rest of their lives, plus the position it puts his family in (who were not even around at the time) ? double punishment ?
i agree with felons losing their rights. i just don't always agree with whats called a felony. but i'm sorry, armed robry is big time. i'm gladhe's a good man now. but lets face it. you see these guys on deathrow. after 15 to 20 years most have found god and seem like nice people....
I am not complete sure of the process, but you can absolutely petition the board of pardons and parole for a restoration of rights and pardon. Check out their website. Due to the time that has passed and his present situation with no other criminal issues, I think he would be a good candidate. Although it is entirely descretionary, it is worth a shot:
From the Website:
Pardon – an order granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense. A Pardon is an official statement attached to the criminal record that states that the State of Georgia has pardoned the crime. It does not expunge, remove or erase the crime from your record. The applicant must wait until at least five years have elapsed since the applicant was released from supervision (including probation and/or parole).
Restoration of Rights - an order restoring the rights which are lost in Georgia upon conviction. These include the right to run for and hold public office, and to serve as a Notary Public. Restoration of rights does not include the right to possess, own or to carry a concealed firearm. The right to vote is automatically restored upon completion of your sentence.
Request Form halfway down the page:http://www.pap.state.ga.us/opencms/opencms/
Obviously... this is just what I learned from talking to a few attorney friends and felony probation officers. I would absolutely contact Pardon and Paroles to verify and have any questions answered.
As far as the fear of trying to buy a gun, if you are granted the pardon and restoration of rights, I would apply for a GWL and hopefully if that goes through, then go buy a gun w/o the on site BG check. <--- this is of course if all the stars align, but it is possible as I have seen it.
From what I have been told, the one thing he DOES NOT want to do is buy a gun and have BG check deny him. If you are denied on a purchase you have to go through an appeal process (I think with GBI/FBI/NCIS) and clear up that issue before you will ever be able to try to buy a gun again.
I am a strong supporter of second chances... if someone can go as long as you say your friend has... more power to him and I really hope he can get this cleared up! Good luck!
EDIT TO ADD: IANAL
From the Website:
Pardon – an order granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense. A Pardon is an official statement attached to the criminal record that states that the State of Georgia has pardoned the crime. It does not expunge, remove or erase the crime from your record. The applicant must wait until at least five years have elapsed since the applicant was released from supervision (including probation and/or parole).
Restoration of Rights - an order restoring the rights which are lost in Georgia upon conviction. These include the right to run for and hold public office, and to serve as a Notary Public. Restoration of rights does not include the right to possess, own or to carry a concealed firearm. The right to vote is automatically restored upon completion of your sentence.
Request Form halfway down the page:http://www.pap.state.ga.us/opencms/opencms/
Obviously... this is just what I learned from talking to a few attorney friends and felony probation officers. I would absolutely contact Pardon and Paroles to verify and have any questions answered.
As far as the fear of trying to buy a gun, if you are granted the pardon and restoration of rights, I would apply for a GWL and hopefully if that goes through, then go buy a gun w/o the on site BG check. <--- this is of course if all the stars align, but it is possible as I have seen it.
From what I have been told, the one thing he DOES NOT want to do is buy a gun and have BG check deny him. If you are denied on a purchase you have to go through an appeal process (I think with GBI/FBI/NCIS) and clear up that issue before you will ever be able to try to buy a gun again.
I am a strong supporter of second chances... if someone can go as long as you say your friend has... more power to him and I really hope he can get this cleared up! Good luck!
EDIT TO ADD: IANAL
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Points taken, like I said, I never really gave the issue much thought until now. But I know I certainly am not the same person I was 30 years ago, so It seems that can be the case for anyone. He told me he got hooked up with the wrong crowd through meeting a girl and the next thing he knew he was hooked on dope and going to prison, And keep in mind this was the 70's not today, and you guys that are my age know that it was different back then.
I would think it would start with an expungement proceeding to seal the record.
