Legal Question in Criminal Law in California

FYI: In general, in criminal cases in CA, IF a defendant NEVER pled to or was convicted of any FELONY or certain listed violent misdemeanors, and was not sentenced to ANY prison time [whether served or not], and was not subject to any domestic violence restraining order, then a defendant might be eligible to seek expungement of his criminal record.

also FYI: if a defendant has no such felony record, he would not be a 'prohibited person' nor lose his 2nd Amendment rights.

also FYI: In order for a defendant to receive a Prop 36 sentence, he must:

plead guilty or no contest to a misdemeanor nonviolent drug possession charge, or be convicted of such charge at trial, then

be placed on probation and subjected to the Prop 36 program.

After a defendant has successfully completed a California Prop 36 drug treatment, he may then petition the court to dismiss his conviction in accordance with California's 'expungement' laws.

If granted, that means he is released from all penalties and disabilities that resulted from the conviction, EXCEPT that he may NOT own or possess a firearm capable of being concealed on his person ("a concealed weapon"). Because of that law's effect, there can be no restoration of a defendant's right to possess a handgun.

If that is what you were asking about restoring, you have your answer. If not, then feel free to contact me at 714-960-7584 to discuss what other circumstance you need help with.