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  1. #1

    Default Restoring Gun Rights After Reduction and Dismissal of a Drug Trafficking Conviction

    My question involves criminal records for the state of: California
    In 1992 I was convicted on a "wobbler" felony for growing forty marijuana plants .
    In 2005 after 12 years of non contact with the legal system ,and 3 lawyers telling me I would NEVER have the charges reduced,or dropped,I petitioned the court thru the DA's office for an expungement on the felony ,and the misdemeanor charge.
    I explained truthfully that I had never even gotten a traffic ticket,or smoked any pot since the trial and arrest and had become a productive member of society,and had attained my contractor license and was operating a business.
    Please remember in the meantime, the medicinal marijuana law had come into effect,and I figured I had NOTHING to lose.
    The judge was a personable jovial individual,and I was lucky,he reduced the felony growing charge to a misdemeanor,and dismissed it.....
    Then,the misdemeanor charge of possession ,along with the reduced felony was expunged from my record.
    I had a background check by a nationally known investigative company check my record last week and was sent the report....nothing showed up ....
    Question ...can I purchase a hand gun? ...I don't want to commit a felony trying to purchase a hand gun ...
    I live in NY state now.....thanks guys for reading my situation ... I appreciate it

  2. #2
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    Default Re: Restoring Gun Rights After Reduction and Dismissal of a Drug Trafficking Convicti

    Quote Quoting Johnny angel
    View Post
    I had a background check by a nationally known investigative company check my record last week and was sent the report....nothing showed up ....
    A dismissal does not remove the conviction from your criminal history with the state - your record will show a conviction and that you subsequently received the charge reduction and dismissal. But if the company you chose was asked only to report convictions and took note of the dismissal, that would explain the "nothing".

    Let's start with this... what was your conviction charge, before and after the reduction?

    Health and Safety Code Section 11358 (cultivation) and 11359 (possession for sale) both state that the offender "shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code," which means that those charges are not wobblers. See People v. Mauch (2008) 163 Cal.App.4th 669, 674.

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