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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23142
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been denied purchase of a firearm. I have an arrest

Customer Question

I have been denied purchase of a firearm. I have an arrest over 25 years ago. The charges were dropped with not conviction. What are my rights?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.

Hello. I will help you with your questions. I have been an attorney for 26 years. Can you tell me if you have tried to expunge and seal your criminal arrest record? Also, what were the charges that were dropped?

Customer: replied 6 months ago.
HS-transport/etc control substance
Expert:  Colleen Grady replied 6 months ago.

Did you ever serve probation? Were the charges dropped because you successfully completed probation?

Customer: replied 6 months ago.
no probation drug devertion
Expert:  Colleen Grady replied 6 months ago.

Did you successfully complete the drug diversion program?

Customer: replied 6 months ago.
Expert:  Colleen Grady replied 6 months ago.

After completing, did the court dismiss your charges?

Expert:  Colleen Grady replied 6 months ago.

If your drug case was dismissed under Proposition 36, you will never be able to have your gun rights reinstated. Proposition 36 allows someone to get a dismissal of their drug case after successful completion of a drug diversion program. However, Proposition 36 states: “Dismissal of an indictment, complaint, or information pursuant to paragraph (1) does not permit a person to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.” The benefit to your having this dismissal for all other purposes -- except owning a gun -- you are treated as if this case never happened.

Please let me know if I can help with any further questions. I will be happy to help more. If you are satisfied with my help, I ask that you rate my service.

Customer: replied 6 months ago.
This was 10 years prior to prop 36 does it still apply
Expert:  Colleen Grady replied 6 months ago.

Let me look into this. It may not.

Expert:  Colleen Grady replied 6 months ago.

I tried but I can't find the answer. I will opt out so that someone else can try to answer this. Sorry.

Expert:  Zoey_ JD replied 6 months ago.


I am a different expert here. In general, not just in California but throughout the states, if you have to take a plea of guilty or no contest in order to get your dismissal after your period of supervision, the Federal government will see that as a conviction for purposes of denying you your gun rights. On the other hand, if you never had to take a plea but your case was diverted without you coming before a judge because your diversion deal was just between you and the prosecuting attorney, you would still have your firearms rights.

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