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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On 2-15-91 - I Pleaded Nolo Contendre to CPC 273.5. On

Customer Question

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?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Yes they are wrong, but you need to get the court records to show the entire court order and submit a true copy to the state of CA and also the FBI Firearms unit to have the records cleared properly. If the court vacated and dismissed and entered in the order a removal of the disabilities, then they should have been removed. If you cannot find the order of removal of disabilities in the court record, then you have to file a motion again in court to get them to correct the record.
2) Yes, NCIC should reflect the correct court orders including removal of the disability.
3) If the court removed your disability and the case was dismissed after being vacated and a plea of not guilty being entered, you have a right to possess and purchase a firearm.
4) See above. Also, here is the information for the FBI Firearm appeal as well: