Hello, I am in California, after speaking with court today, and the California DOJ, the DOJ told me that an expunged felony does not restore second amendment right, but they said what will restore them is a judge order at the court. if I need to file a motion to restore 2nd amendment rights from a non-violent felony that has already been exponged more than 10 years ago, do I need to file it at the court that originally convicted me, or can I file it at a local court? thanks
3 Answers from Attorneys
Someone told you that in order to 'get rid of you'., or from lack of knowledge of the law. You can file your motion, in the convicting court, but do so understanding there you will have to cite the legal basis for a judge to grant it. Let me know if you find such cite. Both state and federal law are clear, felony conviction carries lifetime ban.
A Certificate of Rehabilitation followed by a pardon from the Governor will restore your Second Amendment rights. The Certificate of Rehabilitation has to brought in the County that you reside in, not the County of your conviction. If the Certificate of Rehabilitation is granted it creates an automatic request for a Pardon from the Governor.
Saying a felony is expunged is really a misnomer. Felonies are reduced to misdemeanors and then expunged, but only if they are wobblers and you didn't serve prison time.
I can't advise you on your gun rights, because the correct answer depends on what you were convicted of, and the interplay between California's gun control laws and federal gun control laws.
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