Federal Convictions & Gun Rights Restoration
What are the basics?
Restoring your gun rights after a felony conviction in a federal court is vastly different than felony convictions in the Arizona Superior Courts. A federal conviction requires a presidential pardon.
Do I need an attorney?
The law does not require you to have an attorney for the pardon process. However, most individuals can benefit from having an experienced rights restoration attorney draft an effective petition for them.
Federal law prohibits false statements on your petition under 18 U.S.C. §§ 1001 and 18 U.S.C. §§ 3571. What does this mean? It means that you can potentially face criminal prosecution and fines for making errors on your petition.
Our experienced rights restoration attorneys can help you draft an accurate and effective petition. Contact us today to schedule a consultation.
Where do I start?
If you choose to hire an attorney then you’ll begin with a consultation. From there, your attorney can help you through the process. The first step of the process is to file a Petition for Pardon. Even though the president is who makes the decision to approve or deny a pardon, the petitions must be filed with the Office of the Pardon Attorney. This agency administers the pardon process. Presidential pardons are only available for federal convictions and you may be subject to a waiting period after your conviction before you can even file one.
What information do I need to include with my petition?
The petition is pretty invasive. The basic petition is 21 pages long. An effective petition can be much longer once all the relevant information and documents are included. A few examples of the type of information you’re required to provide are child custody history, drug use history, mental health history, employment history, credit history, civil lawsuit history, occupational license history, community involvement, recommendations, and more. As invasive as these petitions are, it’s imperative to provide correct information to avoid potential criminal prosecution.
Are there background checks involved?
Yes. After your petition is submitted the Office of Pardon Attorney coordinates with a number of federal agencies to determine your worthiness of a pardon. Their recommendations are then passed on to the President with your petition.
What factors can play a part in the presidents decision on my pardon?
There are a number of factors considered including but not limited to:
- Post conviction conduct, character, and reputation.
- Seriousness and relative recentness of the offence.
- Acceptance of responsibility, remorse, and atonement.
- Need for relief.
- Official recommendations and reports.
What are my chances?
We won’t lie. Getting a presidential pardon is difficult, and this is why it can be important for an experienced attorney draft your petition. President Donald J. Trump received over 10,000 petitions yet only granted 144 of them. As of the time of this writing (December 2021) President Joseph R. Biden has not granted a single petition.
The decision on whether a petition is approved or denied is at the sole discretion of the President. He can approve or deny your petition for any reason he sees fit. For this reason, nobody can tell you whether you would be successful or not.
What happens if I hire an attorney and my petition gets denied?
A common question we get is “If I’m not successful, will you give me a refund?“. This is a fair question to ask, however you’re not paying an attorney for your rights. You are paying your attorney for their time and labor so refunds are generally not provided.
How long will it take the president to make a decision on my petition?
This depends on how quickly the Office of Pardon Attorney processes your petition and how long it takes the President to review it. Neither are required to process it within a certain timeframe.
State vs Federal Convictions
The President only has the authority to pardon federal convictions. If your conviction was in a state court then you will need to go through that courts process. Our experienced rights restoration attorneys can help you with any court in Arizona.
Are there any other ways that I can restore my gun rights if my pardon petition is denied?
Unfortunately not. The only option you have is to file a pardon petition again.
How much will it cost for AZ Rights Restoration to represent me for my pardon?
Costs can vary on a case by case basis due to the complex nature of presedential pardons. We can discuss the details of your case and then provide an estimate after your consultation with one of our rights restoration attorneys. Contact us today to schedule an appointment.
I want to file my pardon petition myself but I need advice on it. Can you help me?
We are happy to answer questions and point you the right direction. Please contact us to schedule a legal advice appointment with one of our rights restoration attorneys.
