Firearm by Felon Lawyer Arlington County, VA

Q: Can firearm‑by‑felon charges be expunged in Virginia?

Convictions generally cannot be expunged in Virginia. Expungement under Va. Code § 19.2‑392.2 is available only when the charge results in an acquittal, a nolle prosequi, or a dismissal. If the case is dismissed or you are found not guilty, you may petition the Arlington County Circuit Court to expunge the police and court records. For a conviction, record sealing may be available under Virginia’s 2021 record‑sealing framework, depending on the offense and time elapsed.

In Arlington County, a charge of possession of a firearm by a convicted felon is a serious felony matter prosecuted in the Arlington County Circuit Court. A conviction carries the possibility of significant prison time, mandatory minimum sentences, and a lifetime loss of firearm rights. When you are facing allegations under Va. Code § 18.2‑308.2, the stakes demand an experienced defense team that is familiar with local court procedure and the prosecution strategies employed by the Commonwealth’s Attorney. Mr. Sris and his Of Counsel team bring extensive combined legal experience to criminal defense in Virginia, and they handle cases at the Arlington County General District Court for preliminary hearings and the Arlington County Circuit Court for felony trials. To request a consultation about a firearm‑by‑felon charge in Arlington County, call Law Offices Of SRIS, P.C. at (888) 437‑7747. Results may vary. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Under Va. Code § 18.2‑308.2, a convicted felon who knowingly and intentionally possesses or transports a firearm is guilty of a Class 6 felony.

Source: Va. Code § 18.2‑308.2. Virginia Code

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

Firearm by Felon Charges in Arlington County

Arlington County, part of the Seventeenth Judicial District, processes felony firearm‑possession cases through two distinct courts. Misdemeanor preliminary matters and initial appearances are heard at the Arlington County General District Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201. Felony trials, plea hearings, and sentencing occur in the Arlington County Circuit Court. The Commonwealth’s Attorney for Arlington County prosecutes these offenses, and the court schedule is subject to the court’s calendar. A conviction for firearm possession by a felon is a Class 6 felony, punishable by a term of imprisonment of one to five years, or at the discretion of a jury, up to twelve months in jail and a fine of up to $2,500. When the predicate felony was a violent felony as defined in Va. Code § 17.1‑805 and the offense occurred within ten years of the prior conviction, a mandatory minimum sentence of two years applies. If the firearm was loaded, the mandatory minimum rises to five years. These mandatory provisions remove sentencing discretion from the judge, making early legal assessment critical.

Penalties and Consequences of a Firearm‑by‑Felon Conviction

Beyond incarceration, a conviction under § 18.2‑308.2 carries permanent collateral consequences. The defendant loses the right to possess, transport, or carry any firearm under both state and federal law. Under 18 U.S.C. § 922(g)(1), a state felony conviction triggers a lifetime federal firearms disability. Restoration of gun rights in Virginia requires a successful petition for a gubernatorial pardon or restoration of civil rights, a process that is not automatic. Additionally, a felony conviction may affect employment opportunities, professional licensing, housing, and immigration status. For non‑citizens, a firearm‑by‑felon offense may be considered an aggravated felony or a crime involving moral turpitude under the Immigration and Nationality Act, resulting in removal proceedings. Because the range of direct and indirect consequences is substantial, anyone charged with this offense should seek experienced legal guidance promptly.

Court Procedure in Arlington County for Firearm‑by‑Felon Cases

A typical firearm‑by‑felon case in Arlington County begins with an arrest and a bond hearing before a magistrate. Personal recognizance bond is uncommon for felony firearms charges, and a secured bond is frequently set. The case proceeds to the General District Court for a preliminary hearing, where the Commonwealth must establish probable cause. If probable cause is found, the matter is certified to the Arlington County Circuit Court for trial. Plea negotiations, governed by Rule 3A:8 of the Rules of the Supreme Court of Virginia, may result in an amended charge or a sentencing recommendation, though the judge is not a party to any plea agreement. If the case goes to trial, the defendant has an absolute right to a jury trial in Circuit Court. The timeline from arrest to trial varies and is determined by the court’s docket, the complexity of discovery, and pretrial motions.

How Mr. Sris and His Of Counsel Handle Firearm‑by‑Felon Cases

Law Offices Of SRIS, P.C. approaches every firearm‑by‑felon case with an attention to the specific facts of the arrest and the client’s background. Mr. Sris, a former prosecutor, and his Of Counsel team, which includes a former Virginia State Trooper, evaluate the legality of the search and seizure that led to the discovery of the firearm, the chain of custody of the evidence, and the admissibility of any statements made by the accused. They also examine whether the Commonwealth can prove the required elements of the charge: that the defendant was previously convicted of a felony and that the defendant knowingly and intentionally possessed or transported a firearm. In some instances, a client may be eligible for a deferred disposition or an alternative resolution if the circumstances permit. The firm’s experience includes documented case results in Arlington County criminal matters. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes an attorney who served for fifteen years as a Virginia State Trooper, providing insight into police procedures and evidence handling. The firm serves clients throughout Arlington County, including the communities of Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. Consultation is by appointment. Reach the Arlington location at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, or call (888) 437‑7747.

Frequently Asked Questions

What is the penalty for firearm by felon in Virginia?

Firearm possession by a convicted felon is a Class 6 felony, punishable by 1 to 5 years in prison. A mandatory minimum sentence of 2 years applies if the predicate felony was a violent felony within the prior 10 years, and 5 years if the firearm was loaded or possessed with ammunition. The conviction also results in a permanent loss of firearm rights under state and federal law. The specific penalty in any case depends on the defendant’s criminal history, the circumstances of the offense, and any plea agreement reached with the Commonwealth’s Attorney.

How does a Virginia lawyer defend against firearm by felon charges?

Defense strategies may include challenging the legality of the search that discovered the firearm, contesting the defendant’s knowledge of the firearm’s presence, and questioning whether the prior conviction qualifies as a predicate felony. An experienced attorney also examines the chain of custody, the identification of the weapon, and whether the defendant’s civil rights had been restored. In some cases, mental health or mitigating factors may be presented to seek a reduced sentence or alternative disposition. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

What should I do if I am facing firearm by felon charges in Virginia?

Contact a criminal defense attorney immediately and do not discuss the facts of your case with anyone except your lawyer. Preserve any documents, photographs, or witness information that may be relevant. Because the Commonwealth’s Attorney may file formal charges quickly, early involvement of counsel can influence bond conditions, the scope of discovery, and the direction of pretrial negotiations. Law Offices Of SRIS, P.C. represents clients in Arlington County and throughout Virginia.

Can a felon’s gun rights be restored in Virginia?

Restoration of firearm rights in Virginia is possible but not automatic; it requires a petition for a gubernatorial pardon or restoration of civil rights. The process is separate from any criminal case and is handled after the completion of the sentence and any period of supervised release. Even after state rights are restored, the federal firearms disability under 18 U.S.C. § 922(g)(1) may still apply unless the conviction is expunged or pardoned in a manner that satisfies federal law. An attorney can explain the eligibility requirements and the steps involved.

Do I need a lawyer for a firearms charge in Arlington County, Virginia?

Yes. A firearm‑by‑felon charge is a felony that carries mandatory minimum prison time and lifetime collateral consequences. The procedural rules in the Arlington County General District Court and Circuit Court are complex, and the Commonwealth’s Attorney has substantial resources to prosecute these cases. Self‑representation puts you at a substantial disadvantage in plea negotiations, evidentiary hearings, and at trial. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does bail work for a firearm‑by‑felon case in Arlington County?

A magistrate sets bond after arrest, and for felony firearms charges, a secured bond is typically required. The bond amount is based on factors including the nature of the offense, the defendant’s ties to the community, and any prior criminal record. Bond can be appealed to the Arlington County General District Court. In some cases, a condition of bond may include a prohibition on possessing any weapons. Your attorney can present arguments for a lower bond or alternative conditions of release.

Can firearm‑by‑felon charges be expunged in Virginia?

Convictions generally cannot be expunged in Virginia. Expungement under Va. Code § 19.2‑392.2 is available only when the charge results in an acquittal, a nolle prosequi, or a dismissal. If the case is dismissed or you are found not guilty, you may petition the Arlington County Circuit Court to expunge the police and court records. For a conviction, record sealing may be available under Virginia’s 2021 record‑sealing framework, depending on the offense and time elapsed.

What is the difference between state and federal felon‑in‑possession charges?

State charges are prosecuted under Va. Code § 18.2‑308.2 in Virginia circuit courts, while federal charges under 18 U.S.C. § 922(g)(1) are prosecuted in U.S. District Court and generally carry harsher sentences. Federal law prohibits any convicted felon from possessing a firearm or ammunition that has traveled in interstate commerce, which covers virtually all modern firearms. Federal sentences are governed by the U.S. Sentencing Guidelines and often include mandatory minimums, and there is no parole in the federal system. The two sovereigns may prosecute separately for the same conduct.

Does a firearm‑by‑felon conviction affect immigration status?

Yes. A conviction for firearm possession by a felon can constitute an aggravated felony or a crime involving moral turpitude under immigration law. This may lead to removal proceedings, mandatory detention, and ineligibility for most forms of relief from removal. Non‑citizens should have their immigration status evaluated by counsel who understands both criminal and immigration law before entering any plea. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

How do I find a firearm‑by‑felon defense lawyer near Arlington County?

You can reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation about representation in Arlington County. The firm’s Arlington location is at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, and serves clients from all neighborhoods in Arlington County. Attorneys appear regularly at the Arlington County General District Court and Circuit Court. Contact us by phone or through the firm’s website to schedule an appointment.

Virginia Firearm‑by‑Felon Resources:
Va. Code § 18.2‑308.2 (Virginia Legislative Information System) |
Arlington County Circuit Court |
Arlington County General District Court

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