Legal Question in Criminal Law in California
I was convicted of a felony in 2007 and in 2010 it was reduce and expunge and my gun rights were restored.. Does calfornia government code 1029(a)3 still apply to me if i want to be a cop?
1 Answer from Attorneys
1. Are you really sure your gun rights were restored?? That would be quite unusual. CA expungement law specifically states that expungement does NOT restore gun rights. AND that court ordered restoration does not control or override DOJ's authority to determine under federal law that you are a "prohibited person", barred from owning or possessing firearms or ammunition because of felony conviction, expunged or not.
2. I interpret 1029 and its subsections to bar you from peace officer because of the simple fact of felony conviction, expunged or not.
3. Regardless of 1029 and what you claim your felony and gun rights status is, any police agency has discretion to reject you for your record, including the simple fact of felony conviction, expunged or not.
For the real answer from the horse's mouth, go talk to the police agency you are interested in. Their decision is final and binding.
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