Legal Question in Civil Rights Law in California

I am 44 years of age...at 21 years of age I was convicted in California (my current place of residence) of a felony; possession of a controlled substance and possession of an illegal firearm. At the time of sentencing I was granted a suspended sentence, underwent 2 years of probation that was performed, executed and ended.

A few years later I applied (with full disclosure) for and granted a California real estate license which I later upgraded to a real estate broker's license, but when I applied for a notary commission, was initially denied by the Secretary of State's Office due to my passed transgressions.

I was informed that if I could get the original convictions reduced to misdemeanors that I would be granted the commission. Upon going to court in Alameda County California to request this reduction, I was informed that the particular charges could not be reduced, however due to the fact that I has successfully gone through probation, graduated from college and had no further arrest or interactions with law enforcement, the original conviction could be dropped, but had to be disclosed when applying for anything state related. The dropping of the conviction was then executed, and I was granted the notary commission.

My question is this, just as my voting rights were restored, is there a way for me to lawfully possess a firearm for protection of my family?

My concerns 1st arose when Hurricane Katrina happened and the reports of the lawlessness were given on a daily basis, and taking into consideration that here in California the belief is a 'not if' but rather 'when' in regards to a big earthquake occurring, I really would feel more secure that when something catastrophic happens and we may not be able to rely on 1st responders to protect the law abiding citizenry, I will at least have something to protect my home and family.

Thanks in advance MJ


Asked on 5/17/11, 3:34 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. A felony conviction, whether expunged or not, makes you a 'prohibited person' barred for life from possessing firearms or ammunition.

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Answered on 5/18/11, 1:00 pm


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