Legal Question in Criminal Law in California

Is it true that a felony drops off your record after ten years and you get your gun rights back


Asked on 3/11/14, 9:34 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. Not even close.

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Answered on 3/11/14, 10:53 pm
Terry A. Nelson Nelson & Lawless

Dream on.

A felony conviction results in a lifetime prohibition of possession of firearms and ammo. Period.

NO conviction 'drops off' the record, ever. However.....

Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are �forever�. Expungement does change the court record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses with the courts and DMV. Expungement does not restore firearm rights lost because of felony conviction or restraining orders. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc]. The licensing agency and employer then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 3/13/14, 1:52 pm


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