I am trying to find out how to get my case expunged. And will I be able to get a concealed weapons permit.

Asked over 1 year ago - Fresno, CA

I have a possession of a controlled substance felony from 2007. I completed jail time and probation successfully. I have since went to college and just graduated with an AAS degree and I think my record may be holding me back from getting a job. Also, if my case is expunged can I obtain a concealed weapons permit?

Attorney answers (4)

  1. Greg Hagopian

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . What Mr. Feasel says is correct. I would only add that if your conviction was reduced to a misdemeanor that this would lift your gun restrictions, making this much more important than the expungement itself.

  2. Jennifer Diane Strange

    Contributor Level 7

    4

    Lawyers agree

    Answered . Expungement, which is actually a dismissal pursuant to Penal Code section 1203.4, does not restore the right to possess a firearm. However, expungement does allow you to state on job applications that you are not convicted. As several other attorneys have answered, in order to possess a firearm you need to reduce the felony. In order to have your felony reduced the offense must be a wobbler and you must not have been sentenced to a prison sentence, even if it was a suspended sentence. To see if the offense you were convicted of is a wobbler and eligible for reduction you must look up the code section that you were convicted of. If you do not have that code section number then you can get it from the court. After you have the section number you were convicted of you can call my office and we can inform you whether your offense is a wobbler and eligible to be reduced. By reducing the felony, the firearm possession ban will be lifted. However, applying for a CCW permit is a separate process. You must apply with the county sheriff or your local municipal police department and show good cause for the permit.

  3. Chris J Feasel

    Contributor Level 17

    3

    Lawyers agree

    Answered . CA does not have a true expungement process - i.e. erasing the conviction from your record. The best you can do is a post conviction dismissal. You should first ask if your conviction is eligible to be reduced to a misdemeanor. If so, you want to make that motion first, then petition for the dismissal. An attorney is not necessary for this, but if you want to make sure things are done right consult a local attorney.

    Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
  4. Melissa Bobrow

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . Based on the information you provided, there is a good chance you can have it reduced to a misdemeanor and then dismissed pursuant to Penal Code 1203.4.

    The process in itself is not difficult, but courts overwhelmingly prefer a lawyer handle these proceedings. Unfair, but sometimes just having a lawyer there makes it happen.

    I would recommend speaking with a reasonably priced local attorney to help you.

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