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Florida Gun Rights Restoration FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Florida Gun Rights Restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



Does restoring my gun rights expunge my conviction?

No. Applying for a firearm rights restoration only restores firearm rights that you may have lost because of a conviction. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their firearm rights have been restored. (Rule 5D of Executive Clemency of Florida, F.S. 943.0585 and 943.059)

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Am I eligible to have my firearm rights restored?

The right to own, possess, or use firearms requires an application and you must meet the following requirements: (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release, for a period of no less than 8 years; (2) you do not have any outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction; (3) you do not have any outstanding victim restitution, including, but not limited to, restitution pursuant to a court order or civil judgment or obligations. (Rule 5D of Executive Clemency of Florida).

If you were convicted in a federal, military, or out-of-state court, you are not eligible to apply. (Rule 5D of Executive Clemency of Florida).

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Is there any way to waive the eligibility requirements?

No. On March 9, 2011, Governor Rick Scott and the Board of Executive Clemency approved new clemency rules removing the time period waivers.

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If I was convicted for domestic violence, does that hinder my chances of having my gun rights restored?

There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of a misdemeanor for domestic violence as defined by the federal law. The federal definition is different from Florida’s definition. If you would like us to evaluate your case to determine if the federal ban will apply against you, then we can do so for a small researching fee, which will be applied to the cost of the firearm rights restoration if you move forward with the service after the evaluation.

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Can my conviction still be used against me for a future conviction?

When you restore your firearm rights, the restoration has no effect on the conviction itself. The conviction does not go away, nor is the conviction "sealed" or “expunged.”

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Do I ever have to disclose my conviction?

Yes. The conviction still remains even if your firearm rights have been restored.

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Do I need to hire an attorney or can I proceed with the gun rights restoration on my own?

Hiring an attorney is always in your best interest. Your attorney will (1) make sure the process is done correctly the first time to have the highest chance of success and prevent unnecessary delays, (2) handle objections from the government, and (3) be your advocate at any hearings scheduled and make a compelling case for you.

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Do I have to go to court?

No. There is no court involvement in an application to restore your firearm right(s).

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How does the attorney know about my case details?

Once you sign up, we have you fill out a questionnaire on your personal online account. The questionnaire asks for information that may influence the outcome of the case and allows us to argue to the Board why you are eligible and the restoration should be granted. Although some of the questions may seem simple, we will be better able to argue your case if you provide more information and detail in your answers.

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How long does the process take?

The process can take several years and it is at the discretion of the Clemency Board as to when they will restore your firearm rights.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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How do I know what is going on with my case?

We have an online tracking system for you to stay updated on the progress of your case(s). You will have a user name and password to access your account where you can view all of the information specific to your case. Whenever anything happens in your case, we post notes in your online account so that you can view the status of the case and the progress that has been made.

If there are no notes in your online account, then that means there is currently no update on the case. For example, once we have filed the petition with the Board Board, we will update the notes when we hear a response from them. Depending on the case, it can take several weeks, or even months to hear from the Board regarding the next step. If something is taking longer than usual, we will call to obtain the status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print the necessary content.

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Does it matter if the disposition of my case is guilty or no contest?

No, the exact disposition of your case does not matter. We can apply for the restoration regardless of whether you pled guilty or no contest.

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What are the details of the money-back guarantee?

We are unable to offer a money-back guarantee, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money-back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing section for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What if I have multiple cases?

If you have multiple felony convictions, the eight (8) year waiting period begins after you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release. (Rule 5D of Executive Clemency of Florida).

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What would cause my application for restoration of firearm rights to be denied?

Cases are denied for the following reasons: (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) you still owe fines or restitution, (4) the waiting period has not passed, or (5) you are otherwise not eligible to apply.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. That can include refiling or recommending that you wait longer to refile.

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Can I seal or expunge the record if I was convicted?

No. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal record under Florida law, regardless of whether their firearm rights have been restored.

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Can I visit Canada after restoration is granted?

Restoring your firearm rights has no effect on the conviction itself.

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Can I get a Sentri pass?

Restoring your firearm rights has no effect on the conviction itself.

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Can I vote after restoration is granted?

Restoring your firearm right(s) has no effect on restoration of your civil rights. To determine eligibility for restoration of your civil rights, please see the section on Civil Rights Restoration.

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Will it help with immigration?

Restoring your firearm rights has no effect on the conviction itself.

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Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

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Who can serve on a jury in Florida?

In Florida, you may serve on a jury if you: 1) are a United States citizen, 2) are a legal resident of Florida, 3) are a legal resident in the county in which the court resides, 4) are at least eighteen years of age, 5) and are an owner of a valid Florida driver’s license or Florida identification card. Title V, Chapter 40.01

In addition, you must not be under prosecution for any crime, and you may not be convicted in this state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that, had the crime been committed in the state, would be a felony. If you have had your civil rights restored to you, then you may serve on a jury. Title V, Chapter 40.013

http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=DisplayStatute&Search_String=&URL=0900-0999/0943/Sections/0943.0585.html

http://www.leg.state.fl.us/statutes/index.cfm?Appmode=DisplayStatute&URL=0000-0099/0040/0040.html

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The first step towards a better life begins with finding out if you are eligible for Florida Gun Rights Restoration.



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SERVING ALL OF FLORIDA

Call us at 561-515-1276 or Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
301 Clematis Street Suite 3000
W. Palm Beach, FL 33401
*By Appointment Only

We handle cases in Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Saint Johns, Saint Lucie, Santa Rosa, Sarasota, Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton and Washington counties.