Kernersville Firearms Rights Restoration Lawyer

Kernersville Firearms Rights Restoration Attorney

The Kernersville firearms rights restoration lawyers of The Law Offices of J. Scott Smith, PLLC, guide clients through the complicated process of restoring their constitutional rights. We can assess your situation, explain your legal rights, and walk you through the process of filing your petition.

Who Is Eligible for Firearms Rights Restoration in North Carolina?

Eligibility criteria for firearms rights restoration can be strict. Courts carefully review each application to ensure all requirements are met. Some of the major considerations include: 

• Felony convictions. Those with nonviolent felony convictions may be able to petition for restoration, but not those with violent felonies.
• Completion of sentencing. Before you’re able to file, you’ll need to complete your entire sentence. This may include incarceration, probation or parole, and payment of all fines and fees.
• Mandatory waiting period. In most cases, you’d have to wait 20 years from the date of the sentence completion before petitioning for restoration. This period is designed to demonstrate long-term rehabilitation.
• No new convictions. You have to maintain a clear record after completing your sentence. New felonies could bar you from receiving your firearms rights back.
• Residency requirement. The petition has to be filed in the county where you currently live, which would be Forsyth County Superior Court, 175 North Chestnut Street, Winston-Salem, for Kernersville residents.
• Good character. The court wants to make sure you’re fully rehabilitated and have demonstrated good character before restoring gun rights.

Eligibility rules can be unforgiving. Even simple mistakes can lead to a denial of your petition. The Kernersville firearms rights restoration lawyers at The Law Offices of J. Scott Smith, PLLC, can help ensure your petition is clear and accurate.

How to Petition for Firearms Rights Restoration in Kernersville

Seeking firearms rights restoration involves a complicated process that makes hiring a firearms rights restoration lawyer essential for success. At The Law Offices of J. Scott Smith, PLLC, we review your case and determine if you meet the state’s eligibility requirements. If you’re eligible, we can prepare a detailed petition to present to the court.

The petition should include: 

• Certified copies of your conviction record
• Criminal background checks
• Employment and residency documentation
• Letters of recommendation from employers or community members
• Evidence of rehabilitation

The petition is filed in Forsyth County for Kernersville residents, and a court hearing is scheduled. The district attorney’s office and local law enforcement receive notification of your petition and can object if they feel you’re not ready.

At the official hearing, our Kernersville firearms rights restoration attorneys present your case and advocate for the return of your rights. The courts can move in favor of restoring your rights or deny them. If they’re denied, you may have to wait a certain amount of time to apply again, or you may not be given that option.

Crimes That May Permanently Bar Firearms Rights Restoration

Certain convictions carry permanent firearm bans, which would cause your petition to be denied immediately. These include: 

• Violent felonies
• Sex crimes
• Drug trafficking crimes
• Domestic violence convictions

North Carolina reports over 20,000 felony sentencing episodes yearly. Violent crime in Kernersville occurs at a rate of 2.978 per 1,000 residents.

State and federal restrictions may vary, so it’s important to explore both sets of requirements before filing your petition. The Law Offices of J. Scott Smith, PLLC, can help you determine eligibility and move forward with confidence.

Why You Should Choose The Law Offices of J. Scott Smith, PLLC

Having the right attorney on your side can make a big difference in the outcome of your case. The Law Offices of J. Scott Smith, PLLC, has years of experience in post-conviction representation, such as firearms rights restoration cases. We know how to create a compelling and effective petition and present arguments in court.

Every client’s background is different. Our team takes the time to get to know you and understand your history. If prosecutors or law enforcement challenge your petition, we’re prepared to defend your eligibility.

FAQs

How Much Is It to Get a Gun Restored?

The price to restore gun rights in North Carolina can vary by circumstances. The largest cost comes from hiring an attorney. Attorney fees vary depending on the complexity of the case. If you pursue expungement, there will be additional costs. However, the investment can be worth it to legally possess firearms again for self-defense purposes, and those who enjoy hunting. In North Carolina, about 45.8% of residents own a gun legally.

Do Pardons Restore Gun Rights?

A pardon doesn’t always restore gun rights. It may remove some civil restrictions, but firearm ownership is regulated under both state and federal law separately. Pardoned individuals must typically still petition the court to regain gun rights. Federal law may also impose restrictions. To pursue full restoration, you’ll want to seek legal guidance to ensure compliance with the court process.

How Much Does Expungement Cost in NC?

The cost of expungement in North Carolina varies. Expungement of dismissed charges or not guilty verdicts may come at a low or no cost. Attorney fees range widely based on the services needed and time commitment. It can be worth the investment to have a clear record when pursuing employment, housing, and future opportunities. Because expungement can impact your eligibility for gun rights restoration, it can definitely be worth the expenses.

What Is the Second Chance Act in NC?

The Second Chance Act in North Carolina makes it simpler for people with criminal records to clear them through expungement. It provides relief for individuals with dismissed charges, not-guilty verdicts, and certain nonviolent convictions. It also allows prosecutors to agree with expungements without a lengthy hearing process. The act doesn’t restore firearms rights directly, but it can remove barriers that prevent success with restoration petitions.

Hire a Firearms Rights Restoration Lawyer

The Law Offices of J. Scott Smith, PLLC, understands how important firearms rights are. We work to prepare an effective petition that can help restore your rights after a conviction. Our team carefully reviews your case, explains your legal options, and advocates for you throughout each step of the legal process.

When you’re ready to petition for your firearms rights restoration, contact our office to schedule a consultation. We can evaluate your situation and help you move forward with pursuing your constitutional rights.