Legal Question in Criminal Law in California

expungement of a felony conviction

If the court grants me an expungement of felony conviction from 1987 with 3 yrs. probation completed can I then apply for the purchase of a firearm or does the expungement only clear the convinction but does not reinstate my right to own a firearm. judicial council form CR-180 is unclear to me as I wish to file the petition.


Asked on 9/26/07, 1:59 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: expungement of a felony conviction

Expungement has NO effect on the firearms bar you are under. If you want to try for reinstatement of your rights, you need to present a thoroughly prepared and documented Motion to the court. It would require extensive supporting documents and character witness affidavits sufficient to convince the judge that you qualify, and that you deserve it and that you are not a risk to society if granted. These are not frequently granted, but it is possible with the right facts. Feel free to contact me if serious about getting legal help. I've been doing firearms rights matters for a long time.

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Answered on 9/26/07, 2:08 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: expungement of a felony conviction

You are correct. The expungement only clears the conviction and doesn't reinstate his right to own a firearm. Following is the language in the code, "The Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021."

The option is to have obtain a Certificate of Rehabilitation and Pardon by the Governor.

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Answered on 9/26/07, 2:22 pm


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