Legal Question in Criminal Law in California

I was convicted of 273.5 (A) in August 1989 in California. My sentencing was 3 Months of DV classes, 160 Hours of Community Service and 3 Years non supervised probation. Everything was completed. Has my Civil Rights been restored?

Asked on 2/23/19, 3:39 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

NO. Passage of time and successful programs or probation have nothing to do with it. Conviction of ANY felony, and most domestic violence misdemeanors, makes you a person prohibited for life from possessing any firearms or ammunition. To be found in such possession would be a new federal and state felony. Only a full Governor's pardon including full restoration of firearms rights could potentially restore your rights. Successfully obtaining one would require an overwhelming showing of factual innocence of the charge or other basis sufficient to overturn a wrongful conviction that 'offends the conscience'. That is not what you described. Nor would the Governor overturn a plea bargain conviction. The best you can accomplish is to Petition to expunge the conviction so you don't have to report it on most employment applications. If serious about doing so, feel free to contact me to discuss.

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Answered on 2/25/19, 3:01 pm

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