Question
If I got a felony expunged, shouldnt I be able to get firearms?
I recently applied for a personal firearms eligibility check and was denied due to 18 U.S.C. 921(a)(33)(A), 922(g)(9) in the state of California. The representative from the DOJ informed me that due to the federal regulations I am ineligible but according to 18 U.S.C. 921(a)(33)(A) I am eligible based on an expungement that was granted earlier this year. I just want clarification oaths matter if possible so that I can proceed in my pursuit of a career in law enforcement. Thank you in advance.LawQA.com Answer Library
Answered By: Law Office of Eric Sterkenburg
The expungement law re-opens the case, sets aside the plea, and dismisses the case. To qualify for expungement, must complete your probation, pay all fines and restitution, not be sentenced to state prison for the crime, and not currently charged with a crime. An expungement does not erase your criminal record. However, the finding of guilt is changed to a dismissal. There are certain crimes that can be expunged that prevent that person from lawful gun ownership. An expungement will not restore those gun ownership privileges. To know if you can own a gun in California I will need to know the facts of your case and the facts about your expungement.
Answer Applies to: California
Replied: 9/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Peter F. Goldscheider
Expungements will not restore the right to firearms ownership under either federal or state law. Under state law a Certificate of Rehabilitation is required at least. I am not certain if this allows ownership under federal law and would need to research that matter. You probably need to retain an attorney to advise you further.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of James S. Lochead
You need to obtain an expungement free of all contingencies; i.e.- pusuant to Penal Code section 1385. Most expungements are pursuant to Penal Code section 1203.4 and do no restore all your rights; one not being restored under that section is your right to own a firearm.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bensmochan & Poghosyan, LLP
No. If you do, you will be in violation of California Pen. Code Section 12021 which prohibits convicted felon from purchasing, receiving, owning or possessing a firearm.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
I wish I could give you clarification however there is a split in jurisdictions. Part of California's appellate courts say that expungement restores gun rights and the other half says that it does not restore gun rights. If you have the money and you want to push it, you could hire a lawyer to push it in your jurisdiction.
Answer Applies to: California
Replied: 9/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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