Legal Question in Criminal Law in California

Is it possible to have a felony permently removed from my record and have all my rights restored including firearm ownership


Asked on 10/13/10, 8:34 am

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You can only expunge a misdemeanor. If a felony was a wobbler, then it could first be reduced to a misdemeanor, and then expunged. If the felony was not a wobbler, then your only remedy is a pardon from the Governor.

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Answered on 10/18/10, 9:17 am
Robert Marshall Law Office of Robert L, Marshall

There is no way to permanently remove a felony from your record. A so-called "expungement," actually a dismissal under Penal Code �1203.4, just adds a notation to the court's records showing it was dismissed after successful completion of probation.

Mr. Roach's answer above is incorrect; you can get a felony dismissed under Penal Code �1203.4, as long as you were placed on probation and didn't actually go to prison, but it won't restore your gun rights.

Some felonies known as "wobblers" can be reduced to misdemeanors, as long as you were never sentenced to prison (even if the prison sentence was suspended so you could get probation.)

If you were convicted of a domestic violence offense, Federal law will prohibit you from possessing a firearm for life. Some misdemeanors have a ten year firearm prohibition in California. Otherwise, reducing your felony to a misdemeanor should restore your gun rights. However, even if you get the felony reduced, I would strongly suggest you get a Personal Firearms Eligibility Check (PFEC) before handling any guns.

Your chances of getting a pardon are slim to none. California governors have only granted three letters in the past twelve years.

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Answered on 10/18/10, 9:44 am
Terry A. Nelson Nelson & Lawless

Felony removed, maybe. Firearms rights restored, highly unlikely.

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing and employment because of your conviction. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 10/18/10, 11:28 am
Anthony Roach Law Office of Anthony A. Roach

If you don't believe me, you can get it straight from the horse's mouth. The guidelines are posted on the court's website here: http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#somenotelig

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Answered on 10/18/10, 6:34 pm


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