This is the next article in my series on sealing criminal records in Phoenix and other parts of Arizona. My last article discussed Arizona’s eligibility requirements for record sealing. It is important to understand that the time required for the waiting period does not begin to run until one has completed all of their requirements. This means that they must have completed all Court Ordered supervision, all restitution must have been paid, etc. This article will address the commonly asked question of whether record sealing restores one’s gun rights. While the answer to that question is “no,” sealing a record does provide other benefits. If you or a loved one need assistance then contact my office today to speak with a lawyer.
Phoenix residents cannot restore their gun rights by sealing their criminal record
Both state and federal law prohibit anyone from possessing a firearm after they have been convicted of a felony. Furthermore, possessing a firearm is illegal, under 18 USC 922(g), if one has been convicted of domestic violence. As I explained in my article on the differences between record sealing and expungement, sealing a record does not delete it from existence. It only hides the record from the view of the general public and most background checks. This means that the record is still viewable by law enforcement, the Courts, and other government agencies. Given that the conviction still exists, the federal prohibition on firearm possession will continue to apply even after a record has been sealed.
If one has a prior felony or domestic violence conviction then it is important that they understand that the prohibition applies to possessing a firearm. The restriction is not limited to ownership. This means that simply holding a gun, even though someone else owns it, can lead to felony charges. This is important to understand as individuals sometimes misinterpret the legal effect of sealing a record. If you have questions about your rights then it is strongly suggested that you contact an attorney as soon as possible.
Phoenix residents can gain other benefits from sealing their record
While sealing a record does not restore one’s right to bear arms, it does provide other benefits. Specifically, it will make the record disappear from most background checks. This can greatly improve one’s chances at securing housing, finding employment, and moving forward with many other parts of life. If one is eligible for this process then it is generally a good idea to move forward as soon as possible. This is due to the fact that one may sometimes need to pass a background check on short notice (say in the event of the loss of a job).
If you are in need of assistance then contact my office today to speak with a Phoenix record sealing lawyer. I believe that everyone is entitled to both a second chance and respect. My firm will file your Petition as soon as possible so you may begin to focus on the future. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson. We are also able to assist out of state individuals who need to complete this process.