Legal Question in Criminal Law in California
restoration of civil rights- Calif.
I was convicted of a Felony (Grand Theft) in 1996 -State of Calif. I served 18 months thru CDC in a restoration house. How can I get my conviction either 'set aside' or expunged? And how do I get my civil rights back-i.e voting, serving on a jury etc.
2 Answers from Attorneys
Assuming you are not still on parole, and you should not be, you may vote. You can apply for a certificate of pardon and rehabilitation after you have been off parole for five years or longer. Recommend you use a lawyer to prepare your petition, as you will only get one shot at it.
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 If successful, the conviction would be retroactively reduced to a misdemeanor and then withdrawn and the charges dismissed.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' for purposes of repeat offense, and must be disclosed on any application for government and professional 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.
No, expungement does not restore firearm rights, if that was your question. A felony conviction bars you for life from owning or possessing firearms and ammunition, under both state and federal law.
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