Results 1 to 4 of 4

Hybrid View

  1. #1

    Default Misdemeanor Expungement and Firearms Possesion

    15 years ago in CA , I was arrested for a 273.5 , but was convicted on a 242
    I have never tried to purchase any firearms since then. And again 15 years has past without ANY other incidents.

    I read the 2007 gun regulations over on the DOJ website. And it said that anyone that was convicted with a 242 (misdemeanor), would be banned from gun ownership for 10 years.

    Now I have been doing some research , and went to the ATF website , to check the federal law. And saw this question:

    (Q14) Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?

    Answer:
    No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms

    So , does this mean that when I expunge my case. That the arrest records , and the details on what I was arrested for not be seen by the Dept Of Justice? And all they will see is that I was convicted of a 242?

    Im a little confused here, because I thought that ppl who were involved with domestic violations were not able to posses firearms for life

    I appreciate anyones help here. Thank you...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Misdeamor Expungement and Firearms Possesion

    I'm not sure what you are asking, or why it is relevant. You should expect that law enforcement agencies will be able to see your initial charge, plea bargain charge, and whether or not you obtained a dismissal.

  3. #3

    Default Re: Misdemeanor Expungement and Firearms Possesion

    California and Federal laws apply to Convictions of 273.5 (MCDV) and not arrests.

    I am not aware of any prohibitions, Federal or State after the 10 year 12021 prohibition expires.

    This would not be the case had you been convicted of 273.5 or 243(e)(1).

  4. #4
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Misdemeanor Expungement and Firearms Possesion

    "This would not be the case had you been convicted of 273.5 or 243(e)(1). "
    Pardon my ignorance, so if you have a conviction for 243(e)(1) that has been expunged, there is no ten year waiting period because it is a misdemeanor? I am sorry I don't understand, will you please explain when, if ever, a person with the 243(e)(1) expunged conviction can own a gun?

    1. Sponsored Links
       

Similar Threads

  1. Weapons Offenses: Felon in Possesion of Legally Owned Firearms
    By dvsperf in forum Criminal Charges
    Replies: 2
    Last Post: 06-15-2009, 05:10 PM
  2. Background Checks: Background Check of Misdemeanor Possesion Charges
    By undershirts in forum Employment and Labor
    Replies: 4
    Last Post: 07-08-2008, 02:24 PM
  3. Paraphernalia: First Offense Misdemeanor Possesion Of Paraphernalia
    By Aptec in forum Criminal Charges
    Replies: 5
    Last Post: 03-31-2008, 09:37 AM
  4. Expungement and Sealing: Firearms Misdemeanor Record in California
    By superflyster in forum Criminal Records
    Replies: 14
    Last Post: 01-16-2008, 06:24 PM
  5. Assault & Battery: Class A Misdemeanor and Firearms Rights
    By er7706 in forum Criminal Charges
    Replies: 6
    Last Post: 07-22-2006, 07:00 PM
 
 
Sponsored Links

Legal Help, Information and Resources