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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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I have a misdomenor for 273.5 pc in California. This ...

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I have a misdomenor for 273.5 pc in California. This occured in Dec 1992. I am 34 years old now and have not been in trouble since. I have recently applied for the Sheriffs Dept. in California. I have been told during my backround check by the D.O.J. that I can''t carry nor posess a firearm. Can this offense be expunged and will I be able to purchase and posess a firearm there after for employment? If so can I file the paper work myself to save some money?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

DearCustomer/p>

Back in 1992, the Code you cite was a misdemeanor - It is now a felony - that means somewhere along the years, the law was changed. Misdemeanors can be expunged and since you were convicted of the crime as a misdemeanor you should be able to file such a Petition. You can CLICK HERE for the Petition and Order to be filed with the court - however, I suggest that you might want to consult with a local attorney for assistance due to the change in the law so that when you file it is perfectly clear that you are seeking the relief for a 1992 crime which was then a misdemeanor. Because the nature of this charge involves domestic violence, this may actually require a pardon from the Governor for the expungement to occur. Again, a local attorney would the best assistance for you in this matter

Best of success to you in this matter and with your future endeavors,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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