If you have been convicted of a crime under Oklahoma law, the Governor may grant you a pardon, which is the only way you can restore your gun rights. Its absolutely critical for people who have a felony in their past to understand that that under no circumstances are you able to carry or be with someone who is carrying a gun. Over many years of practicing criminal law in Rogers County the number of nice people who have been charged with possession of a firearm AFCF is amazing. The truth is that many of these same people were shocked to find out that a 20 year old felony conviction could come back to haunt them for having something simple like an old antique or hunting rifle that was forgotten about sitting in a closet. Outlined below are the details about the pardon process and gun rights.
What Is A Pardon in Oklahoma?
A pardon is an optional act of forgiveness by the Governor that does not clear your criminal record but can restore your Second Amendment rights under Oklahoma law. The Pardon & Parole Board (“the Board”) must first recommend that the Governor grant your pardon. To have this done, you must be eligible for a pardon, apply for it, and have a successful hearing. You can only receive a pardon by the Governor in the state that the conviction is from. Also its important to understand that a Governor can not pardon a federal crime. This takes the President of the United States to sign this pardon.
Who Can Get A Pardon?
A person must meet all of the below criteria to be eligible:
- Been convicted of a non-violent crime under Oklahoma law (i.e., felony, misdemeanor, a crime of moral turpitude involving alcohol, or an illegal drug offense).
- Completed their entire sentence, parole, probation, and supervision OR completed five years in a row of parole or probation immediately before applying.
- Have paid all fines, fees, and court costs.
- Have no new or pending charges, warrants, unresolved detainers, tax liens, or child support arrears.
- Are not currently in jail or prison.
- Have not been considered for a pardon in the last three years.
What Is The Pardon Application Process?
- Complete a copy of the free pardon application via the Board’s website or their physical office.
- You can complete the application through another individual, such as an attorney. However, you will need to sign it.
- Provide certified copies of your judgment and sentence and other items such as proof of residence and employment status.
- The Board will not notify you that they have your application, so send it via certified mail.
- The Board will send you a letter if you are missing anything. You will also receive letters updating you about the status of your hearing and about the Governor’s decision. Be sure your contact information stays current with the Board.
- The application process takes approximately six to twelve months and cannot go faster.
The Pardon & Parole Board Hearing Entail?
- The Board will consider things like the nature of the crime, the length of time since the crime, and what you have done with your life since the crime.
- You may appear before the Board, or you may hire an attorney to speak on your behalf.
- The Board will vote and decide at the end of your hearing.
- The Board votes to recommend for you to get a pardon, it will forward its decision to the Governor, who has ninety days to decide whether to grant or deny your pardon.
- If the Board or the Governor denies your application, you can reapply after one year from the date you are denied.
- If you receive a pardon, you will get a letter stating such and a copy of your pardon with details for obtaining a certified copy which will allow your gun rights to be restored.
A pardon is the only way you can restore your gun rights, which includes the right to work at a job that involves the handling of firearms. Once you receive your pardon, you will be able to pass the Federal background check requirement to purchase a firearm. The process for obtaining a pardon can be complex, and you would greatly benefit from an attorney’s assistance to maximize your chance of success.
Rogers County Pardon and Expungement
To learn more about pardons expungements and gun rights, speak with a criminal defense lawyer. Kania Law Office’s Claremore Attorneys experienced pardon and expungement attorneys are ready to help you. Don’t risk another felony charge for possessing a gun or go without having your right to carry. Get your record clear and restore your gun rights today. For a free and confidential consultation call our office at (918) 379-4872