Legal Question in Criminal Law in California

i have a posession for sale in 1999. can my gun rights be restored i have been in no trouble since


Asked on 1/12/11, 5:24 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No.

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Answered on 1/17/11, 7:07 pm
Terry A. Nelson Nelson & Lawless

Any felony conviction bars you for life from owning or possessing firearms and ammunition, under both state and federal law. It is not possible to restore firearms rights after felony conviction.

You can consider getting the conviction expunged. It would help in getting other employment for the rest of your life.

Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no prison time served or even sentenced and reduced to probation, 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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. 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 employment and 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 this, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 1/18/11, 10:57 am
Anthony Roach Law Office of Anthony A. Roach

It's going to depend on what the underlying charge was that you were convicted of. Absent that information, I cannot give you a definitive answer.

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Answered on 1/19/11, 1:19 pm
Terry A. Nelson Nelson & Lawless

IF you were convicted of a felony -- NO.

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Answered on 2/10/11, 10:12 am


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