On 2-15-91 - I Pleaded Nolo Contendre to CPC 273.5.
On 6-16-94 - In court I was permitted to withdraw with plea of nolo contendre The Conviction was set aside vacated and a plea of not guilty was entered, the complaint was dismissed pursuant to CPC Section 1203.4.
On 11-4-97 - The Court further eliminated the prohibition previously imposed pursuant to CPC Section 12021 (C)(1) as a consequence of the 273.5 conviction, and ordered my rights to possess, own, and have under my custody and control any firearm restored without additional conditions.
As of 7/31/2014, I retired from a 20 year career as Federal Law Enforcement Officer (LEO) and have Retired LEO Identification authorizing the possession
and carrying of a concealed weapon. The Federal system allowed me to possess a weapon but the State does not. According to Lautenberg, ( 18U.S.C. 921(a)(33)(B)(ii)), I am authorized to possess a firearm.
Last year I attempted to buy a firearm, and was denied. The State of California denied the application stating "based on the record that only notes the Domestic Violence
charge was vacated and dismissed" The state did not mention having the 12021 (C)(1) order on file.
For employment and personal protection purposes, I need to buy, possess and carry a firearm in California. Furthermore, I need the State to approve State Guard Card and Guard Firearms Permits. I cannot succeed if the State continues to deny applications.
It has been more than ten years since the conviction, the charge was vacated set aside, dismissed and expunged, plus all rights were restored under 1203.4 and CPC 12021(c)(1).
1. Is the State of California wrong?
2. Should the NCIC record be cleared according to law?
3. Do I have a right to buy and own a firearm.
4. How do I go about getting this mess cleared up/What is the remedy?