Legal Question in Criminal Law in California

I had a felony reduced to a misd and expunged. but the feds say i still have a lifetime ban for firearms. Would reopening my case puttting it back to a felony then using the 1385 and having it dismissed restore my fire arms rights?


Asked on 3/31/10, 7:36 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

No. The only way of seeking restoration is by motion to the convicting court, seeking a specific order restoring your rights, based on a showing of compelling good cause and demonstrable 'conversion' of life [that doesn't mean "I wanna"]. IF granted, then the court order can be sent to CA-DOJ and fed DOJ to 'correct' your record, and seek change of status with them. It is rarely granted in court, and there is no assurance DOJ would accept and change. But, if you're serious about doing so, have compelling grounds, and are willing to spend the money trying, feel free to contact me.

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Answered on 4/05/10, 11:40 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Nelson. Besides, there is no procedure by which your case could be reopened and restored to felony status.

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Answered on 4/06/10, 5:51 pm


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