Legal Question in Civil Rights Law in California

Hello, as a juvenile i was adjudicated with misdemeanor PC 12025 (possession of a concealed firearm). I have no felonies or adult charges. Because I was adjudged a ward of the juvenile court for PC 12025, my firearm rights were taken away until I reach 30. I know this because I applied to purchase one, and was denied. A year ago, I sealed my juvenile record. The court documents say the record is sealed in all departments including the "Department of Justice, Bureau of Criminal Identification". I am now attempting to apply for a job in law enforcement. I have a degree and am in Nursing school at USF (San Francisco). I will be disqualified from law enforcement if I cannot legally own a gun. I am wondering if my now sealed record will restore my gun rights? If not, what are other options to do so?


Asked on 12/11/13, 6:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

My understanding is that when the charges and gun ban were filed with the FBI/DOJ database, they became part of your permanent record, there to stay. Sealing the juvy court record later would not 'delete' the FBI/DOJ records, it just means no one can look at the juvy records now. Such FBI/DOJ records can be 'corrected' if they are wrong, but that is not your situation. They were 'correct' when filed, and you name added to the 'prohibited persons' category list. You need to understand that the reason and policy why 'records' are kept is to allow law enforcement, courts, and others to know your background. Juvy 'sealing' helps you in employment and similar issues. If you could 'change' your record just because it was harmful to careers, it wouldn't be a very informative or useful system. I believe your only option is to try to file a motion with the juvy court to try get a court order reducing the gun ban term. I wouldn't place high hopes on that. First, you already sealed them, and the court may not allow reopening. Second, even if reopened, you would have to convince the court they were justified and compelled to grant you some form of 'extraordinary' relief based upon substantial 'cause'. That is a difficult challenge to meet. Your most likely outcome is that you are going to have to disclose and explain the gun ban on any application for state professional licensing, for law enforcement employment, for security clearances or bonding, etc.

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Answered on 12/12/13, 11:26 am


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