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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24943
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was convicted of a felony in early 1984. (auto theft). I

Customer Question

I was convicted of a felony in early 1984. (auto theft). I have never been in trouble since. I was curious about getting my firearms privileges restored. Is this possible?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Ca.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 2 months ago.
This was a stupid mistake I made associating with the wrong people. I huge embarrassment. It's way past time to bury it.
Expert:  Zoey_ JD replied 2 months ago.

Unfortunately, I do not have good news for you.

A felony conviction costs you your state and Federal rights. You can look into getting your felony matter expunged or reduced and dismissed. California will walk you through the whole process from eligibility on through providing you with the forms. That can be very helpful to you for most purposes.

Here is the site to do that: http://www.courts.ca.gov/1070.htm

When you use the self-help link above and get to the home page, click on "Criminal Law" from the column on the left. Then click on "Cleaning your Criminal Record," scroll down towards the bottom of the page to the links and expand them so that you can see all of the steps.

As far as gun rights are concerned, however, unfortunately, the Federal government does not recognize a California expungement or reduction under PC 1203.4, for purposes of restoring your Federal gun rights. A California pardon based on a Certificate of Rehabilitation and a finding of innocence probably would satisfy both California and the Federal government, but frankly, this is very difficult to get.

This site will give you a lot of information about the state of the law and the interaction between the California and Federal government in this area, but it won't, unfortunately, provide you with much hope to get your gun rights back unless/until the law changes.

http://www.calgunlaws.com/legal-resources/

Still, there are lawyers who specialize in pardons, expungements and restoration of gun rights, and you might want to speak to one to see your realistic chances of weapon ownership, since they will vary with the facts and circumstances of the case. Also with a new president taking office who ran on a 2nd amendment platform, the climate for change in this area may be favorable to you.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.