Legal Question in Civil Rights Law in California
i was convicted of drug possesion in 2007 and agreed to prop 36 inwhich i completed iflorida as i moved here afteri had been arrested. my question is what do i need todo to get my civil right back? it isthe only thing on my record. i am still living inflorida ad i want this mistake off my record.
2 Answers from Attorneys
You are very unclear with your question. If your conviction was in California, you can apply to seal the record under penal code � 1203,4. If you were factually innocent, you can use Evidence Code � 851.2 I think.
Civil Rights back?? If you were convicted of a felony, that bars you for life from owning or possessing firearms and ammunition, under both state and federal law. Your voting rights are determined by state law, without any action by you. Not sure what else you think you want to achieve.
Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records 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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and 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 this, and you think you qualify, feel free to contact me for the legal help you'll need.
Expungement does not restore firearm rights, if that was your question.