Can a Convicted Felon Ever Legally Own a Firearm in New Jersey?

Having an indictable offense on your criminal record can feel like the end of the world. It is the equivalent of being a convicted felon, which carries a lot of stigmas as well as life-changing penalties. For example, a convicted felon in New Jersey typically loses their Second Amendment rights, which means they cannot own a firearm.

Under New Jersey state law, anyone convicted of an indictable offense is prohibited from owning, purchasing, or possessing firearms or ammunition. This includes convictions in New Jersey or another state. Federal law also makes it illegal for a convicted felon to possess firearms or ammunition anywhere in the U.S. under 18 U.S.C. § 922(g)(1). This means finishing your prison, parole, or probation sentence does not automatically restore gun rights in New Jersey.

However, there is one main way to possibly get your rights restored. For state convictions, you may be able to get your criminal record expunged. However, the process is not easy. Whether or not your record can be expunged depends on the crime. Here is what you need to know.

What Crimes Are Not Eligible?

Under New Jersey law, certain criminal offenses can never be expunged, regardless of how much time has passed since the arrest or conviction. If any of the following offenses appear on your record, they will remain permanently ineligible for expungement:

• Murder
• Manslaughter
• Kidnapping
• Human trafficking
• Luring or enticing a victim in connection with attempted kidnapping or human trafficking
• Rape or sexual assault
• Aggravated criminal sexual contact involving an adult and a minor
• Armed robbery
• Arson
• Endangering the welfare of a child
• Production or distribution of child exploitative material
• Perjury
• Terrorism
• Manufacture of biological or chemical weapons
• Abuse or misconduct involving public office
• Drug trafficking offenses

Expungement Process

Are you eligible? Here are the steps for expungement:

• Gather criminal record information. You must obtain accurate details about every arrest and conviction you want expunged, including dates, charges, arresting agencies, and final outcomes. Errors or omissions can delay the process.
• File a petition for expungement. A formal Petition for Expungement is filed with the Superior Court in the county where the case occurred. The petition outlines your criminal history and explains why the record qualifies for expungement under New Jersey law.
• Serve all required agencies. Copies of the petition must be served on multiple agencies, including the county prosecutor, the arresting police department, the New Jersey State Police, and the Attorney General. These agencies have the right to object.
• Court review and order. If no objections are filed, the judge signs an Order of Expungement. Once issued, agencies generally have 60 days to remove or seal the records.

Contact Us Today

In certain cases, a felon may be able to get their firearm rights restored. However, it is not automatic and is highly dependent on the person’s criminal record.

Have questions about firearm ownership and other legal rights? Facing a criminal conviction? A Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John can help you understand your options, so you get the best outcome possible. To schedule a consultation, contact us via (856) 716-5427 or online here.