Legal Question in Criminal Law in California
Criminal law question
I live in california, and my question is, if i was granted an Expungment for a 487 A under 1203.4, Am I still prohibited from owning or having a firearm. My court order says I can not if prevented by Penal code section 12021 or 12021.1. What I dont know is if 487 A falls under either one of those two Penal codes.
3 Answers from Attorneys
Re: Criminal law question
I don't see why a conviction of 487a should stop you from owning a firearm. After all, merely stealing a cow, horse, or mule.... Oh, you mean 487(a). 487(a) is grand theft which is a felony, and under 12021 if you're a felon, you can't own a firearm, end of story. In case you're a horse thief, 487a is also a felony. So-called "expungement" under 1203.4 does not affect your ineligibility to own or to possess a firearm, sorry dude.
Re: Criminal law question
Expungement of a felony does not restore the right to own firearms. All felons are prohibited from owning them. You can try to get your right back only by submitting a special motion to the court.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Criminal law question
Expungement does not change or restore your civil rights. If your conviction automatically removed them, as many do, or if the court probation order did so for any reason, then you'll have to Petition that court to restore your rights with a proper motion supported by good cause and other evidence sufficient to satisfy the judge he should do so. You'll have to be qualified in all other respects to own firearms. Feel free to contact me if serious about doing so, if you think you qualify, and if the case is in SoCal. Gun rights are one of my specialties.