Criminal Law Questions? Ask a Criminal Lawyer.
Please re-read the question. I am giving you specific Penal Codes. My question specifically states that it was conviction for Domestic Violence. I then was able to withdraw my guilty plea and change it to Not Guilty. From the research that I have done changing your plea to Not Guilty VACATES the conviction and everything goes back to square one. The District Attorney opted to amend the charge to PC 242 which is a misdemeanor assault/battery which does carry a 10 year ban in CA. My question was, since the plea was amended to not guilty and the charge dismissed and amended to PC 242, the original conviction is not longer a conviction correct?
Ok. That was what I was hoping for. I applied to purchase a firearm back in December and was denied based on my criminal history report from the DOJ showing that I was convicted of the 273.5 misdemeanor. They never put any information on my report showing that the charge had been dismissed and plea withdrawn. After writing them and phoning them several times and asking that the 273.5 conviction be removed they finally sent me a letter stating that the original conviction could only be removed by the law enforcement agency or the court who has jurisdiction over the case. They did however amend the report to reflect the case as dismissed - plea withdrawn and charge amended and plea to PC 242. I would hope that now when my background check is done I should be fine. If for some reason it comes back denied again what would my next step be at that point?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).