CDV, Possession of a Firearm and Expungements

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Most people do not realize that a misdemeanor conviction for a Criminal Domestic Violence in South Carolina makes it illegal to possess a firearm.  Very few people realize that paying a fine and doing some counseling classes also results in the loss of the 2nd Amendment right to bear arms.

The good news is that you can have your rights restored if you meet certain requirements.  Time is the biggest issue.  Five (5) years must pass after the conviction (not the arrest), before you are eligible for any relief.  In addition, there can be no other convictions during this five year period.  If both of these requirements are met, then South Carolina law entitles you to have the CDV conviction removed.  Removing the conviction restores your rights to possess firearms pursuant to Federal statute.

By: James Bannister

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