Legal Question in Civil Rights Law in California

Does an ex-felon EVER get their civil restored, excluding of coarse the right to bare arms?


Asked on 2/09/10, 4:01 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Sure. After 5 years from the time your parole is up, you can apply for a certificate of pardon and rehabilitation. In addition, if you didn't do state time, in many cases the charge can be reduced to a misdemeanor and dismissed. Consult an attorney if you can, because in most cases you'll only get one shot, and you don't want to mess it up.

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Answered on 2/14/10, 4:48 pm
Terry A. Nelson Nelson & Lawless

Part of the answer is this:

Many convictions can sometimes be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. The Labor Code bars employers [not others] from asking about arrests without conviction, or seeking that info from other sources, or using that info to deny employment. Private parties are not supposed to be able to access the records, but like all rules, there are ways around it.

Firearms rights are NOT restored by expungement. With or without expungement, to do so you will have to bring a proper motion in the convicting court seeking restoration of rights, showing compelling good legal cause why the judge should do such an extraordinary thing. If granted, then the order would be submitted to DOJ with request for update and correction of your record.

If you�re serious about doing either, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 2/17/10, 11:42 am


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