Legal Question in Criminal Law in California

Denied gun possession for an unsealed expunged felony.

Asked on 8/02/16, 7:50 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

An "expungement" under 1203.4 will NOT restore firearms rights.

If you want to see why you were denied, do a PFEC (Personal Firearms Eligibility Check) through the Department of Justice, then take the results to a local criminal defense attorney to discuss your options.

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Answered on 8/02/16, 8:56 pm

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