Legal Question in Military Law in Kentucky

Felony Conviction

My husband was convicted through a special court martial of unlawful entry, destroying government property, conspiracy, and larceny. It was nothing severe. He and a friend got drunk one night and snuck into an open office window, took some things and the next morning didn't know what to do with them. In the end they smashed a laptop they took trying to get rid of the evidence.

My husband is now at Fort Knox serving his 4 months. Will he be able to have any of this expunged? How will this felony conviction hold him back? Jobwise? Can he vote? Own a gun? What jobs can't he have?

Thank you in advance,

Samantha


Asked on 8/03/06, 7:25 pm

1 Answer from Attorneys

John K. Harris Attorney at Law

Re: Felony Conviction

Will he be able to have any of this expunged?

Probably yes. Visit http://www.expertlaw.com/library/criminal/criminal_record.html.

How will this felony conviction hold him back?

It will hold him back if he does not maintain a positive outlook on life. God forgives us all.

Jobwise?

It probably depends on the job your husband wants.

Can he vote?

He wil probably be able to vote down the road but it depends on the state based on the below information from http://en.wikipedia.org/wiki/Felony_disenfranchisement.

Today, only four states continue to impose a life-long denial of the right to vote to all citizens with a felony record, absent some extraordinary intervention by the Governor or State legislature. These are Florida, Iowa, Kentucky, and Virginia. In July, 2005, Iowa Governor Vilsack issued an executive order restoring the right to vote for all persons who have completed supervision. However, the lifetime prohibition on voting remains Iowa law. Nine other states disenfranchise ex-felons for various lengths of time following the completion of their probation or parole. Almost every state prohibits felons from voting while incarcarated, on probation, or on parole. For a more detailed look, see Ex-offender voting rights by state.

Own a gun?

Will probably be able to own a gun.

The verbage is from http://www.vpc.org/studies/reliefone.htm.

Under federal law, convicted felons automatically lose the privilege of possessing firearms. Yet as the result of a 1965 amendment to the Federal Firearms Act of 1938, convicted felons can apply to ATF for "relief" from the "disability" of not being able to possess a gun. The 1965 law was passed as a congressional favor to firearms manufacturer Winchester, a division of Olin Mathieson Corporation. In 1962 Olin Mathieson pleaded guilty to felony counts stemming from a kickback scheme involving Vietnamese and Cambodian pharmaceutical importers. Because of its parent company's conviction, Winchester could no longer ship firearms in interstate commerce. The law was enacted to allow Winchester to stay in business and specifically excluded those convicted of firearms crimes.

Because of its broad wording and loose interpretation by ATF, the law soon became a convicted felons' second-chance club. Pursuant to 18 USC Section 925(c), relief can be granted if: "the circumstances regarding the conviction, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest." In 1986, the National Rifle Association-drafted McClure-Volkmer firearms decontrol bill dramatically expanded the universe of convicted felons who could once again legally possess firearms.

What jobs can't he have?

Does he want to be president of the U.S?

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Answered on 8/03/06, 11:36 pm


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