Legal Question in Civil Rights Law in California

in 1996 i was convicted 32pc excessory after the fact i never when to prison just county time can i have my rights restored


Asked on 11/06/10, 1:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The general rules and guidelines are: Records are forever, and priors may count as 'strikes' in future charges. However, many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively reduced and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

No, expungement does not restore firearm rights, if that was your question. Any felony conviction bars you for life from owning or possessing firearms and ammunition, under both state and federal law.

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Answered on 11/11/10, 2:22 pm


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