How might a felony affect your rights?

| Dec 4, 2020 | Criminal Defense |

Throughout the United States, you maintain certain rights regardless of why officers place you under arrest. For example, you have the right to remain silent and experience a fair trial with attorney representation. And no matter the seriousness of the alleged criminal activity involved, human dignity dictates how you’re treated while detained or imprisoned.

Although many of your rights never change, a felony conviction can place limitations on your freedoms. In most cases, incarceration, financial penalties and a criminal record that will inevitably follow you from job interviews to housing applications may be enough to haunt your future before it begins.

Felony restrictions may impede your right to vote or travel abroad. If you’re a hunter, the loss of firearms rights could also affect how you feed your family. Though, a court may restore your legal ability to possess firearms if you meet certain conditions.

Restoration of firearms rights

A federal or out-of-state criminal conviction will prohibit you from petitioning a North Dakota state district court to restore your right to purchase, possess or be in control of a gun. Similar restrictions apply after the diagnosis of a mental disability.

If you have a criminal record on the local state level, however, you can petition for the restoration of your firearms rights after a specified amount of time passes and you:

  • Serve your ordered prison sentence
  • Complete parole or probation
  • Pay the total sum of your court-ordered fines related to your conviction

When you petition to restore your right to possess firearms, you must show clear and convincing evidence that you have met the legal requirements established in your judgment. Your established reputation must also suggest you do not pose a safety threat to others.

Before you file your petition, you would be wise to understand your legal options. An attorney can advise you of the rights and responsibilities applicable to your case.

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