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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27770
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a felony conviction back in 2004 that was reduced to a

Customer Question

I had a felony conviction back in 2004 that was reduced to a misdemeanor and expunged. Is it possible to have my gun rights restored and how long does this process typically take?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: California, I had tryed to cash a check that had been stolen.
JA: Has anything been filed or reported?
Customer: Such as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a meisdemeanor drug charge at the same time.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 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.

Expert:  Zoey_ JD replied 11 months ago.

Unfortunately, I do not have good news for you.

A felony conviction costs you your state and Federal rights. In 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, as they are all but impossible to get, this is a real longshot.

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 wo't, unfortunately, provide you with much hope.

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

I am very sorry to be the bearer of bad news but you've got a real uphill battle here unless the state of the law changes. 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, but the climate is now in favor of stronger rather than weaker controls, and the prognosis does not look good.

Customer: replied 11 months ago.
Okay, so if it is a wobbler conviction which I feel like mine is, does this increase my chances?
Expert:  Zoey_ JD replied 11 months ago.

No. It doesn't matter how serious the felony is, whether it's violent or non violent. You need a pardon from your governor before California will restore your rights, per California Penal Code section 4852.17

Assuming you can get that, the Federal government will likely go along with the state's decision.

Expert:  Zoey_ JD replied 11 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.