[WI] Can I own and possess a firearm with an expunged felony?
Can I own and possess a firearm in Wisconsin with an expunged felony?
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In Wisconsin, expungement does not automatically restore your right to possess firearms if you were convicted of a felony.
Under both Wisconsin and federal law, a felony conviction generally results in the loss of firearm rights.
Even if your record is expunged under Wisconsin law, federal law (18 U.S.C. § 922(g)(1)) may still prohibit you from possessing firearms unless your civil rights—including firearm rights—have been fully restored.
Wisconsin expungement typically seals the record from public view, but it does not restore your firearm rights. (WI Stat § 941.29(1m)(a))
If you wish to restore those rights, you usually must:
- File a separate application or petition for restoration of civil rights.
- Expungement alone is not enough.
- You may need to seek a pardon from the Governor or pursue a specific legal process for restoration.
If your conviction has not been fully pardoned, or your civil rights (including firearm rights) have not been specifically restored, you may still be considered prohibited from possessing firearms under both state and federal law—even after expungement.
Possessing firearms in this situation could result in serious legal consequences.
Do not attempt to possess or purchase any firearms until you have confirmation that your rights are fully restored under both state and federal law.
You may just need to petition the court, but it’s best to confirm your path forward legally.
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Can I own and possess a firearm in Wisconsin with an expunged felony?
Lexi, Chatbot
I understand your concern. Have you already had your felony expunged from your record in Wisconsin?
Yes.
Lexi, Chatbot
Were there any specific conditions or restrictions placed on your firearm ownership as part of the expungement process?
I don't know.
Lexi, Chatbot
Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with firearm ownership.
Yes.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I’m more than happy to help you with your situation!
Did you already file an application for one?
Application for what?
Legal Eagle
Sure thing! To have a firearm. Usually, this question is asked if you’ve been denied one, but I’m just clarifying.
I haven’t tried to get a new firearm since the expungement, but I do own 2 that I currently don’t have in my possession.
Legal Eagle
Understood! So you're just wondering what your rights are here, correct?
I’m just trying to figure out if my 2nd Amendment right is restored or not, I guess.
Legal Eagle
In Wisconsin, expungement does not automatically restore your right to possess firearms if you were convicted of a felony.
Under both Wisconsin and federal law, a felony conviction generally results in the loss of firearm rights.
Even if your record is expunged under Wisconsin law, federal law (18 U.S.C. § 922(g)(1)) may still prohibit you from possessing firearms unless your civil rights—including firearm rights—have been fully restored.
Wisconsin expungement typically seals the record from public view, but it does not restore your firearm rights. (WI Stat § 941.29(1m)(a))
If you wish to restore those rights, you usually must:
- File a separate application or petition for restoration of civil rights.
- Expungement alone is not enough.
- You may need to seek a pardon from the Governor or pursue a specific legal process for restoration.
If your conviction has not been fully pardoned, or your civil rights (including firearm rights) have not been specifically restored, you may still be considered prohibited from possessing firearms under both state and federal law—even after expungement.
Possessing firearms in this situation could result in serious legal consequences.
Do not attempt to possess or purchase any firearms until you have confirmation that your rights are fully restored under both state and federal law.
You may just need to petition the court, but it’s best to confirm your path forward legally.
That helps a lot. Do I need to get an attorney, or can I petition the court myself?
Legal Eagle
Yes, I recommend getting an attorney. I don’t have any specific contacts, but I can do the next best thing.
One thing I recommend is going through your state’s Lawyer Referral Service (LRS). The LRS typically only lists experienced attorneys with the staff to assist people.
Look for one who practices criminal law.
Alright, thank you.
Legal Eagle
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