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Reinstatement of Rights

Reinstatement of Constitutional Rights

An individual’s Constitutional rights are often affected by a criminal conviction. Gun ownership rights, voting rights, and the right to travel can be impacted. These rights are not automatically reinstated, upon the granting of the expungement. There is often an additional step that must be taken to get certain rights reinstated. There are also various federal laws that supersede state laws, in reinstating certain constitutional rights. It is critical to discuss your options and goals with an experienced attorney that has successfully handled hundreds of expungements, in order to fully understand how the expungement will impact you.

There are various ways to get these rights reinstated through the court after an expungement, but you must discuss it with an experienced attorney that knows what steps to take. It is also important to note that an expungement will not seal and destroy the record of the conviction or arrest. This is also a separate process, that carries a very high burden of proof under California Penal Code ยง 851.8. An experienced attorney can advise you on all of these topics.