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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Did Expunging My Husband's Felony Restore His Right To Own Firearms?

    My question involves expungements or pardons for the state of: California

    My husband had two criminal convictions nearly thirty years ago, one felony and one misdomenor.

    He had his felony record expunged nearly 7 years ago.

    Can he legally posess firearms?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,041

    Default Re: Did Expunging My Husband's Felony Restore His Right To Own Firearms?

    According to this document, no.

    Despite what Section 1203.4 offers, an individual who successfully applies for an expungement order may be unpleasantly surprised to find how little relief they have been granted. That is because Californias expungement law is more notable for the relief it does not provide than for the relief it does. First, the record of an expunged conviction continues to be made available to law enforcement and the public. The expunged conviction continues to appear in both California and FBI criminal records. In addition, if convicted of a subsequent crime, the expunged conviction can be used to enhance any imposed sentence. Section 1203.4 also specifically provides that DUI convictions will be used to enhance subsequent DUI sentences. Finally, expungement does not restore the right to own or possess a firearm.
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  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Did Expunging My Husband's Felony Restore His Right To Own Firearms?

    Thanks for the reply LawResearcherMissy

    I did a little checking into expungement of felonies and everything I found did confirm what you say is correct, expungement does not restore the right to possess firearms.

    Then, I found something that I didn't know I would have to state or that it would have had an effect; the attorney did have his felony reduced to a misdemeanor before expunging it. It looks like that *may* have restored his right to possess firearms?

  4. #4
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Did Expunging My Husband's Felony Restore His Right To Own Firearms?

    ye ole loophole? how did it go? hubby got heat now or what?

  5. #5
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Did Expunging My Husband's Felony Restore His Right To Own Firearms?

    I am not sure if this helps, as I am not a Lawyer, but I can tell you in the State of Connecticut, a Full and unconditional Pardon restores rights to Bear arms, I am not sure if that is what your Husband received or he just got an expungement. you might want to ask somewhere here about that.

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