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Wife on prob., how does this affect my rights?

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Sevristh

Junior Member
What is the name of your state? Georgia

Before my wife and I got together, she was convicted of felony
shoplifting. The DA in the county she did it is extremely intollerant
of this crime (and rightfully so) as it happens alot in his county (there
is a large mall there). She received a short jail sentence and was
given 10 years probation. Her probation officer has been satisfied with
her performance thus far and is about to place her on non-reporting
probation once the restitution is paid in full.

My question is that I have a firearms permit here in Georgia and used
to carry a pistol on me as well as keeping it in the house for protection.
After we were married, I found out that her being on probation affects my
right to have the gun in the house or on my person if she is around.
I have been told that for her to be found with me while I have posession of
the gun is a mandatory five year sentence for her.

My firearms now reside at a friends house so as to comply with the law. Is
there a way I can legally posess them in her presence? Would this require us
trying to expunge her record or something? Or is this law only this strict because
she is currently on probation? If so, is there a way to end the probation sooner if
the officer agrees?

Thank you in advance for your attention.

Dave
 


Heather2

Member
Sevristh said:
What is the name of your state? Georgia

Before my wife and I got together, she was convicted of felony
shoplifting. The DA in the county she did it is extremely intollerant
of this crime (and rightfully so) as it happens alot in his county (there
is a large mall there). She received a short jail sentence and was
given 10 years probation. Her probation officer has been satisfied with
her performance thus far and is about to place her on non-reporting
probation once the restitution is paid in full.

My question is that I have a firearms permit here in Georgia and used
to carry a pistol on me as well as keeping it in the house for protection.
After we were married, I found out that her being on probation affects my
right to have the gun in the house or on my person if she is around.
I have been told that for her to be found with me while I have posession of
the gun is a mandatory five year sentence for her.

My firearms now reside at a friends house so as to comply with the law. Is
there a way I can legally posess them in her presence? Would this require us
trying to expunge her record or something? Or is this law only this strict because
she is currently on probation? If so, is there a way to end the probation sooner if
the officer agrees?

Thank you in advance for your attention.

Dave
Your wife is a felon which means she can never be allowed around guns on probation or not unless she got a deferred sentence.

She can try to end her probation early but it won't change that she can not be around guns. She can possibly apply for ealry release when she has done 1/3 of her sentence.

As far as getting it expunged it doesn't look like she is eligible.
http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/GA/GA-EXP.htm
 

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