Legal Question in Criminal Law in California

about 8 years ago my son was convicted of possession of meth a felony in California. He went to rehab did all that was ask of the court and the court rolled it back to a misdemeanor. Does he have the right to possess and own a firearm now. I have a some to pass on from me to him then to our grandson. thank you CW


Asked on 4/16/12, 3:04 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Depends upon what his record actually shows. You have not been clear in what really happened. If it shows a felony conviction, then subsequent reduction of charges does not restore firearm rights. He needs to obtain a copy of his court record, then contact me to consult and discuss what is really there, and what his options are.

Regardless of that, he should consider 'expungement'. Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement specifically does NOT restore firearms rights lost due to felony conviction. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 4/17/12, 11:02 am


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