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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My name is***** have lived in Bellingham Wa since 2006.

Customer Question

My name is***** have lived in Bellingham Wa since 2006. Prior to this I lived In orange County California.
In 1970 when I was 18 years old I was arrested for burglary. In the two subsequent trials I was only convicted of petty theft and malicious mischief.
After I turned 21 years old I petitioned the court to have the record expunged and it was set aside and dismissed per 1203.4 PC on 05/24/1974.
I have been unable to find any records in any court houses or police stations.
Over the years I have purchased a number of firearms in the state of California and have also accumulated 4 permits to carry concealed in different states. I have one in my present state of residency.
I have been denied by the NICS check twice now even though I am able to carry concealed.
In response to my appeal I was told that the DOJ of Ca has a record from the Anaheim Police department showing that I was convicted of misdemeanor burglary. As I stated before I have been unable to find any records in the County of Orange as misdemeanors are not kept after 7 years. The Wa state FBI said Washington considers that a felony thus the denial.
Is there anything I can do? The records are bogus and I am being held hostage. All the while I can carry a gun in over 25 states but cannot purchase one in my own state.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. IF the claim is from the Anaheim PD, it is likely a city court charge.....and not a county court charge.....so Orange COUNTY may have no records, but the CITY may. Thus, you likely need to contact the city's criminal court clerk's office and ask if there are any records on you. If not, try to get a certified letter stating that there are no convictions or charges or court files on you in the city......and you could do the same thing for the county.
Expert:  Roger replied 1 year ago.
You could present this proof to the WA state officials as proof that you have no records as alleged.
Expert:  Roger replied 1 year ago.
If they will give the information to you, it would be helpful for you to know the date of the alleged offense, a case number ***** any other identifying information that the WA officials have about this matter so you can give it to the people in Anaheim and Orange Co. when you make contact.