Legal Question in Criminal Law in California

Back in 2002 I was involved in a family arguement, where I was arrested. I was charged with violating P.C. 422, in California. I plead no contest, and was charged with a misdemeanor. I had to pay a fine, and was put on probation for 3 years. It was only after I plead no contest, that I was informed that I lost my gun rights for 10 years. I went back to court in 2004 and had the conviction expunged from my record. The Justice Department said that I can't apply to get my gun rights restored, until 10 years have passed from the date of my expungement. Had I been informed of this, I never would have plead no contest. Is there anything I can do about this? I had a clean record before this, and also after this. Thank you, D. Hartt


Asked on 9/13/10, 12:09 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Unfortunately, you are out of luck.

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Answered on 9/18/10, 2:21 am
Anthony Roach Law Office of Anthony A. Roach

No. You cannot have a firearm for 10 years. The ten years runs from the date of conviction, not the date of expungement. (Pen. Code, sect. 12021 subd. (c)(1).)

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Answered on 9/18/10, 2:39 pm


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