Legal Question in Criminal Law in California

Relief from Firearms Prohibition

Two years ago I pleaded No Contest to PC 242 Simple Battery, misdemeanor. I was told afterwards that I would be banned from owning or possessing firearms for ten years. I have now completed my probation and got the conviction overturned and expunged.

Now I'm being told that even after expungment since I was convicted of 242 it fell under the Section 12021 which means I still can't own a firearm for eight more years.

The battery charge did not involve firearms, or even actually physical violence. I have never been charged or convicted of any crime before or since. I have never even been arrested before in my life, for this or any reason. I need to own firearms for work as a Private Security Officer, as it is the only job I have been able to find in the last three years.

I am currently filing a petition to the judge to grant me relief of the Section 12021 prohibition and restore my right to own firearms in California. Do I have ANY chance by doing so?


Asked on 6/01/13, 8:25 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

A ten year ban is for ten years. Expungement does not restore firearm rights. Highly unlikely your motion will succeed unless you have truly extraordinary legal and factual grounds, but good luck.

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Answered on 6/01/13, 11:08 pm
Anthony Roach Law Office of Anthony A. Roach

There are two exceptions to the 10 year ban contained in Penal Code section 12021, subdivision (c)(1), which are contained in subparts (2) and (3). The first is the peace officer exception, and the second is for people to petition for relief if they were convicted of an offense before it was added to the statute. It does not appear from your post that you meet either of those exceptions.

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Answered on 6/03/13, 1:22 pm


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