Legal Question in Criminal Law in California

My son, when he was 17 years old, was turned in for having a shotgun, with the serial number scrached off, in his room. What I understand that it was considered a felon becaused the serial number was scrached off. He is now 21 years old. Does he have to get the felon expunged or dismissed or is it automatic? He has completed all of the courts obligations


Asked on 2/16/11, 5:11 pm

1 Answer from Attorneys
Christine McCall License Advocates Law Group

First, there is no automatic record-cleansing procedure that will address the criminal record of your son. Second, while juvenile offenses can be sealed in most instances by motion to the court after the offender reaches the age of majority, many criminal offenses involving firearms are not "sealable." Similarly, many "firearms" offenses are not subject to the dismissal procedure authorized by Penal Code Section 1203.4. Finally, there is no expungement in California.

Your question raises a complicated and difficult question of legal procedure and it is a critical one given your son's age and the fact that this conviction may severely limit his future in many important ways. By all means, engage a skilled and experienced criminal defense attorney with special depth and expertise in juvenile criminal procedure to deal with this situation.

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Answered on 3/13/11, 9:36 am


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