Legal Question in Criminal Law in California
Guilty to theft back in 2004 (felony), was sentenced to 180 days (county jail), served 100 days with good time. I immediately paid all restitution, and successfully completed 3 years probation (completed in 2007).
I have NOT been in trouble since and want to know if I get the felony reduced to a misdemeanor (which I should be able to do) and then have it expunged, will I be able to hunt again? I meet the criteria from all of the documentation I have read so far.
Per Every Lawyers website I qualify to have my charges reduced to a misdemeanor and expunged. I didn't serve State Prison time, Not a Sexual crime, NOT a violent crime.
More Information:
Violation Date: 12/20/2003
Violation: 368(d) PC
Disposition Date: 03/16/2004
Thank you for your time!
4 Answers from Attorneys
Even without an "expungement," you should be able to obtain a hunting license and a bow and arrow.
I'm not sure bow and arrow is what you have in mind. I was a law clerk in the public defender's office when I was in law school, and I handled most of the expungement cases while I was there. Public defender policies vary from county to county, but it's worth your while to ask at the PD's office in the county where you were convicted to see if they can assist you.
A reduction to a misdemeanor and then an expungement persuant to 1203.4 pc is definitely something you should do. However, you still are considered a felon for purposes of being able to possess or own a gun. You need to then get a certificicate of rehabilitation which, if granted, also becomes your initial request for a Governor's Pardon. That is , in my opinion, the direction you should take. I wish you well.....David Wallin
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