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I was dumb when I was young but now I wanna fix it.

rlacsamana1989

Regular Member
Joined
Aug 28, 2011
Messages
34
Location
Everett,WA
I went through this just a couple years ago, when I turned 21.

I had a felony and 2 misdemeanors as a Juvenile, I went to the Juvenile court (Snohomish Juvenile Court) and asked for the proper paperwork to Seal my records as they were not sealed when I turned 18.

To seal it you fill out the paperwork they give you with each case number so if you had three cases you needed three different packets.

Each specific packet has to be filed at the court and also delivered to the local police department and prosecutor which was assigned that case and also the state patrol. This has to be done a week before your court date as this is to aware them that you are trying to seal your court records.

Then you go to your court date, the Judge will ask the prosecutor if they have any problems with it and decide to grant it or not.

If he/she did grant the seal of records you then file the paper work with the same people above. You most likely want to wait 2 months before applying for your CPL as it has to be processed through.

My biggest question was if I did this, would I get my firearm rights restored and all answered yes but I still was worried but now that I have had my CPL for over a year and have purchased more than 4 weapons new I know they were right.
 
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kevin_cline

New member
Joined
Oct 20, 2012
Messages
5
Location
Tacoma, WA
king/pierce restoration of rights

Im having a simular situation and have a thread posted here: http://www.waguns.org/viewtopic.php?f=52&t=11854&start=15

When I was 13, me and my brother got into an argument that got heated and I ended up chasing him into the bathroom where I pulled out a swiss army pocket knife and told him that if he didnt stop, id cut him. The cops were called and I admitted to everything. I went to juvenile hall and eventually plead guilty to 4 degree dv assault and unlawful display of a weapon(misdemeanor). fast forward to now. im now a 30 year old single father. a solid christian. tax paying citizen. two time candidate for elected office. full time college student. former business owner. non profit starter. Im also a former foster child who spent from age 6-17 in foster care. after that incident my juvenile record which is now sealed consisted of two more non dv misdemeanor assaults. after that nothing. I have no adult criminal record yet because of frank lautenberg, the liberal anti gun senator from NY, im barred from owning a firearm like I'm a felon because of the DV disqualifyer. I can of course if I had the money, hire a lawyer at about 1500.00 and go to court to get my rights back although i have been getting mixed signals from different pro second amendment groups on whether going through this process will get my rights back.

its just irritating that one mistake, a non felony mistake as a young teen can cause an individual to quite possibly forever lose his right to LEGALLY own a firearm. Im equally irritated that liberal politicians create laws like this with out any thoughts to consequences on law abiding people. In my case, i just want to be able to legally protect my family and go pistol shooting at a range. As of right now I legally cant. Right now im saving up money to hire an attorney while praying ill find a sympathetic attorney who will do this low cost or pro bono. I dont want to wait several years till im an attorney and knowledgeable enough to handle this my self.

Im curious. are there readily available forms for restoration of rights in king/pierce counties?
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Im having a simular situation and have a thread posted here: http://www.waguns.org/viewtopic.php?f=52&t=11854&start=15



Im curious. are there readily available forms for restoration of rights in king/pierce counties?

Are you able to vote? are all your other rights restored? do you have your certificate of discharge?

Which county were you convicted in? I believe you'll need to petition THAT county that convicted you. This is from the website of Douglas County superior court, and so not in your county, but restoration of rights in a matter of state law...

This should give you an idea
http://www.douglascountywa.net/departments/districtcourt/restorefirearms.asp

I'd sit down and consult with an attorney though.
 

Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
Im having a simular situation and have a thread posted here: http://www.waguns.org/viewtopic.php?f=52&t=11854&start=15



Im curious. are there readily available forms for restoration of rights in king/pierce counties?


to make things easier on you... in washington state, if your *juvenile record* is sealed and expunged, "In never happened". Read RCW 13.50.050. If it never happened then you never went to court, you never got charged, you never got found guilty... The state must treat your record as such. I had 1 felony and 3 days later my record showed exacly that, nothing was on my record that could be used against me, and I was legally allowed to claim that I had nothing in my past that could be held against me. I had my CPL in hand less then 3 weeks later. no need for a lawyer if you are smart enough to do the paperwork yourself.

RCW 13.50.050 section (14)(a) If the court grants the motion to seal made pursuant to subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

LINK "If the proceedings never occurred, logically the end result-a conviction-never occurred either.   The plain language of the expungement statute entitles Nelson to act and be treated as if he has not previously been convicted.   If he has not previously been convicted, he may legally possess firearms." Also... "Not only does the expungement statute support Nelson's position, the firearm statute itself states that where “no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.”  RCW 9.41.040(3).   The State did not present any records showing that Nelson has been convicted of a predicate offense that precludes him from possessing firearms.   The State could not have done so, because there are no longer official records of any such offense.   Nelson's conviction record from the Washington State Patrol is in evidence and it shows no prior convictions.   Accordingly, Nelson was entitled to the statutory presumption that he was not convicted.   This presumption is consistent with the expungement statute's directive to treat Nelson's convictions as if they never occurred."

We conclude that RCW 9.41.040 does not make it unlawful for Nelson to carry a firearm so long as he has no convictions other than those expunged.   The trial court erred in concluding otherwise.

Reversed and remanded for further proceedings not inconsistent with this opinion.

Edit:
The process to "restore" your firearm rights only applies to adult criminal history records and certain non-sealable juvenile convictions such as class A felonies. if it is covered by RCW. 13.50.050 then you're good to go. (I am speaking from experience as I did this process myself without a lawyer)
 
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amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
Fair warning. My friend did this. Picked up the gun from Cabela's(in less than an hour of paying the cash) and everything. The CPL was denied because LEASA did not have the court paper work restoring her rights. She called and came down with the paper work but purchase at the store does not mean the agency knows your rights are restored.

what kind of gun?
 
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