Legal Question in Criminal Law in California

That's a good question. My first response, without consulting legal books is no, it does not change. You are required to keep to the terms of your probation and sentencing restrictions regardless of whether the matter remains a public record or not or the matter is expunged. Good luck.

Many convictions can sometimes be 'expunged' by proper application and Motion 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 crimes, if you completed and finished all terms of probation, and if you have 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 If successful, the conviction would be retroactively withdrawn and the charges dismissed.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' or �strike� for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc.

Any firearms restrictions are NOT changed or lifted by the expungement. To do so, a special motion would have to be brought in the convicting court, supported by substantial good cause and legal justification why such restriction should be lifted. Not often granted.

If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

I'm always puzzled by Mr. Nelson's statements about a "special motion" to restore firearm rights.

The only relief authorized in California is for police officers, who depend on carrying a gun to keep their jobs, and it only applies to certain misdemeanors. It also wouldn't help someone convicted of a domestic violence offense because the lifetime Federal gun ban would still apply.

Even assuming you could find a judge who was senile or ignorant enough to grant this "special motion," it MIGHT get you out of trouble one time, but no more.

Since it would be illegal for a judge to grant a motion restoring your gun rights, you MIGHT be able to claim you relied on it the first time you got caught... but after that, you'd be told it was no good, and you couldn't claim you didn't know it was an illegal order.