Legal Question in Criminal Law in California

Felony conviction 10 years ago lowered?

Hi, I am 32 now and plead no contest 10 years ago to H&S 11359 (marijuana intent to sale) and enhancement 12022(a)(1) since I had my hunting rifle with me at the time.

My question is these felonies are effecting my life more now than it did 5 or 6 years ago. I can't go hunting or target shooting with my son, now 12, and have a hard time finding decent jobs.

These felonies are the only thing I have ever been arrested for and I have no other crimes on my record.

Is there any way possible to get this felony reduced to a misdemeanor or expunged in California? My understanding is 11359 is not a wobbler, so I am kind of stuck.

I've heard of 17(b)(3) and 1203.4, but not too confident these pertain to me and whether I would need a lawyer to help me.

Will I ever be able to go hunting again?

Any help would be appreciated.


Asked on 10/10/07, 7:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Felony conviction 10 years ago lowered?

Yes, you should be able to get the conviction expunged if done right, and if you were not sentenced to any prison time, and if you've had no further legal trouble. HOWEVER, expungment does not automatically result in restoration of firearms rights. For that you will have to seek a special court order specifically for that purpose, and if successful then seek relief from the DOJ firearms ban using that court order. I can help you with the process; firearms rights are a specialty of mine.

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Answered on 10/11/07, 12:47 pm


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