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Read some solid advice for choosing an attorney who can successfully expunge your Washington record. Readmore.
Restoring gun rights with multiple felony convictions
The statute only bars restoration of gun rights if any of his convictions (including the one that took away his gun rights) was a sex offense, a class A felony, or a felony with a maximum sentence of 20 years or more. The only other requirement is that he has spent 5 or more consecutive years in the community without being convicted of another crime.
In State v. Swanson (116 Wn.App. 67, 65 P.3d 343 (Wash. Ct. App. 2003)., the petitioner had 2 domestic violence misdemeanor convictions on his record at the time he filed the petition (a fourth degree assault, and interfering with a domestic violence report). However, because he satisfied the requirements of RCW 941.040(4)(b)(ii), he was eligible to restore his gun rights.
In fact, it does not seem to matter how many prior convictions the person has. If none of those convictions fall under one of the 3 categories above, then the person is probably eligible under the statute. (See State v. Hunter, 2008-WA-1031.397 (Wash. Ct. App. 2008);Graham v. State, 64 P.3d 684 (Wash. Ct. App. 2003). Note that in Hunter, the court stated that ?the phrase ?previously been convicted? [in RCW 9.41.040(4)] refers to convictions entered before the petition for firearms restoration is filed, and does not refer solely to convictions entered before the conviction for which the petitioner?s firearm rights were restored.? )