Expungement and Firearm Rights

[SFBAYGuy1084]

My question involves criminal law for the state of: California.

I have a few questions on here with regards to my case and I hope some of you will be able to help me, as I have read quite a few sucess storys on this website.

A little backround on myself, in 2003, days after turning 18 I was convicted of Misd. Contributing to the del of a minor. A few months later I graduated high school and moved on with my life.

Thats the ONLY trouble I had been in up until 2006 when I was arrested for domestic violence & assault with a deadly weapon (a firearm). Alot of the stuff was bogus, and after no trial, but alot of back and fourth between the DA and my attorney, I was convicted of a battery. Not a domestic battery, and nothing else. Simply a battery.

In 2007, I was put in jail for a night for failing to attend my "Domestic Violence" classes, bailed out, continued my classes and graduated.

Now it is 2009 and in a few months my probation will be up. I have had no further incidents, not even a traffic ticket. I am married to the woman who was the victim in this case, and we have since had children.

My questions are this, What is the process for expungement in a case like this? What is the expungement process for my contributing case? As I'd like to get them both expunged. Is this done thru the same court in which I was convicted?

Per state law, my firearm rights were taken away for 10 years. However I am told I can appeal to the court, to have them restored? Is this true? Before my conviction I was a 5 year veteren of an Armed Security company, and a Police Academy graduate.

I know my hopes of being a police officer may be torn forever, however I would like to continue working in security, as I was making a very good living at the stage I was at. ($25 an hour, in California. Of course working armed.

Is the restoration process thru the same court as the court I was convicted in? And where could I review any necessary documents or learn some more about the process? Any websites you may suggest would be appreciated.

Thank you, and if I have left any details out that you may need to answer my questions, I don't mind supplying.

Thank you.

[cdwjava]

First, under what statutes have you been convicted?

Domestic violence has two primary sections - PC 243(e) which is the misdemeanor battery section, and PC 273.5 which is the felony section. Also, you said you were convicted of assault with a deadly weapon - a firearm to be exact. That is PC 245(a)(2) - a felony.

If you were ONLY convicted of misdemeanor domestic battery per 243(e), then you have ten years without a firearm. If you manage to get the offense expunged you will only get your firearm rights restored if the expungement SPECIFICALLY grants you that right.

The court can grant expungement at its discretion provided you have paid all fees and restitution as well as having completed probation.

If there is a felony conviction, unless that is expunged with a specific mention of restoring firearms rights, then you can never own or possess a firearm.

- Carl

[cdwjava]

Here is info on cleaning up your record ... if you can:

http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

- Carl

[SFBAYGuy1084]

I was only arrested for those things. The ONLY thing I was convicted of was misdemeanor battery. NOT Domestic Battery or Assault with a Deadly weapon. I am FIRMLY aware of this, as it was a long drawn out process attempting to not get my firearm rights taken away, and yet not go to trial.

I took a plea deal for misd. battery.

I understand the 10 year clause, thats what im trying to get rid of.

Thanks for the link, I've read it. So if I understand correctly, a dismissial is just another term for expungement?

Is there a seperate process for dismissal and firearm rights restoration?

[cdwjava]

I was only arrested for those things. The ONLY thing I was convicted of was misdemeanor battery. NOT Domestic Battery or Assault with a Deadly weapon. I am FIRMLY aware of this, as it was a long drawn out process attempting to not get my firearm rights taken away, and yet not go to trial.

I took a plea deal for misd. battery.

There has to be a domestic component or the firearms issue would be moot. I suspect you took a plea to PC 243(e) if they are saying you have a battery conviction with a ten year firearm prohibition. A plea to PC 242 would not have such a prohibition unless they made an annotation that it was domestic, and I do not believe that has been done in 10 years since about the time they established PC 243(e).

Thanks for the link, I've read it. So if I understand correctly, a dismissial is just another term for expungement?

Yes.

Is there a seperate process for dismissal and firearm rights restoration?

Pursuant to FEDERAL law, the dismissal order must specifically include the restoration of firearms rights.

- Carl

[SFBAYGuy1084]

Im not exactly sure what your saying. Perhaps you could clarify.

What I am 100% sure of, is that there was no domestic battery, or domestic violence stipulation in anything I was convicted of. All of my paperwork wording says pc misd 243. No 243e or anything, simply 243.

So anyways, either way the process for me would be the same to get the firearms back? Yes?

To have the dismissal specifically state I could bear arms again?

[cdwjava]

Im not exactly sure what your saying. Perhaps you could clarify.

Well, I am just a tad dumbfounded that they would convict you of simple battery per PC 242 and then make you attend anger management classes. Plus, now that I have reviewed the Attorney General's regulations, it appears that even the simple PC 242 also has a 10 year restriction ... I was considering the issue under the federal law which did not have a similar prohibition.

What I am 100% sure of, is that there was no domestic battery, or domestic violence stipulation in anything I was convicted of. All of my paperwork wording says pc misd 243. No 243e or anything, simply 243.

Well, if it says 243, then the assumption I would have is that it is 243(e) ... the other sections would not apply unless you committed a felony or assaulted public safety or medical personnel. That would seem to indicate the DV component.

You might consider checking your criminal history to see exactly what it says ....

http://ag.ca.gov/fingerprints/security.php

So anyways, either way the process for me would be the same to get the firearms back? Yes?

Yes. If you can get a court to grant the dismissal with the restoration of firearms rights.

To have the dismissal specifically state I could bear arms again?

Something to that effect. I do not know of the specific language that must be used, but that is what the feds ask for.

- Carl

[SFBAYGuy1084]

One more question, is the dismissal process done in the same court as where I was convicted? Same judge and whatnot?


Thanks for the info guys, its a start. I will keep posting with my updated info & some more questions as I move forward.

Thanks again.

[cdwjava]

One more question, is the dismissal process done in the same court as where I was convicted? Same judge and whatnot?

Not necessarily.
To be honest, I am not sure. I do not believe it has to be the same court that convicted you, and I doubt it would have to be the same judge if so, only the same county court.

If you want to do this, you might consider the services of an attorney to do it right.

- Carl

[SFBAYGuy1084]

Yes im definately having an attorney do it for me.... just trying to get some insight.