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Florida Gun Rights Restoration Frequently Asked Questions Florida Flag

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 eligibilty requirements please take the free online eligibilty test.



Does this expunge my conviction?

No. Applying for a firearm rights restoration only restores firearm rights that you may have lost because of a conviction or convictions. 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.

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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,

If you were convicted in a federal, military, or out-of-state court, you are not eligible to apply.

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Is there any way to waive the eligibility requirements?

You can apply for a waiver if you cannot 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. At least must have elapsed since you were first convicted. If an otherwise ineligible applicant demonstrates extraordinary merit, based upon a concise statement of compelling need, the two-year time period or the serving of one third of the mandatory minimum sentence may be waived by the Governor.

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Does it matter if it was a conviction for domestic violence?

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 than Florida’s definition. If you would like us to evaluate your case and determine if the federal ban will apply against you then we can for a researching fee. If you then sign up for firearm rights restoration, the fee will be applied to the cost of your service.

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

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

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Do I have to disclose my conviction ever?

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 do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the government, and (3) have an attorney be your advocate at your hearing 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 questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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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 that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain 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 in the 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 it.

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Does it matter if I pled guilty or no contest?

No, it does not matter.

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What are the details of the 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 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.

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

If it is denied, it is usually because of (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 history under Florida law, regardless of whether their firearm rights have been restored.

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Can I visit Canada after this?

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 this?

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 restoring your civil rights.

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



FREE Eligibility Test



SERVING ALL OF FLORIDA

Call us 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