Gun rights in Arkansas

Did you have to have a governor sign off to get your gun rights back if you had an act 346 in place in 1998 in Arkansas?

Asked on June 6, 2009 under Criminal Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An Act 346 expungement can seal your record when you have been released from probation.  Law enforcement officers will still be able to access your record, but most potential employers will not. You can even legitimately mark "no" when asked if you have any prior felony convictions on employment applications.

As to an Act 346 expungement and gun rights, such expungement signifies "that the defendant was completely exonerated of any criminal purpose; and that the disposition shall not affect any civil rights or liberties of the defendant." A.C.A. 16-93-301 (1987).  Although there are no reported decisions regarding Act 346, it would appear that one sentenced under Act 346, who has fulfilled the terms and conditions of probation, is not prohibited from possessing a firearm.

However, I am not licensed in Arkansas, so it would be advisable to consult with an attorney in your area on this matter.

Note:  If you do need to get a pardon, makes sure that the pardon specificaly addresses the issue of restoring your gun rights.


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