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SourSig
05-17-2012, 4:24 PM
Has anyone here expunged a criminal conviction before?

I understand the process is different when dealing with this on a federal level vs. state. I am unclear on whether I pursue this individually with each court I was convicted in, or to attempt to handle both at the US attorney level.

The purpose is for multiple reasons, one of them being I think it would help to obtain my CA CCW when I apply. (In another state, I had my CCW despite these charges, so perhaps it would not matter)

I have never committed a crime of dishonesty, violence, or evil in any way. These offenses are more of an ignorance of the law kind of thing.

At this point, I wonder if writing a letter to the judge of the federal court(where I was convicted of a minor offense of ignorance) would be the way to go, or if a more formal way is the better path to take. When I spoke to the clerk at the court, she said there is no form and for me to just write a letter to the judge. Sounds generic and not sure how much faith I have in her advice.

If any of you obtained an expungement, please share your advice or provide me with some perspective that can help guide me in the direction.

dustoff31
05-17-2012, 4:51 PM
I'm not a lawyer, nor do I play one on the internet. But as far as I know, the only way to have a federal conviction expunged is to get a Presidential pardon.

SourSig
05-17-2012, 4:55 PM
That seems a little overboard for a simple misdemeanor, but it brings me to another question: Pardon vs. expungement. What's the difference between the two?

dustoff31
05-17-2012, 5:09 PM
Federally, there really is no difference. You need to get a pardon and the conviction will then be expunged.

We do have a number of attorneys on the board who might see your post and be able to tell you where/how to start the process.

disturbed1
05-17-2012, 6:20 PM
Hey, I need my stuff pardoned also. I tried contacting the Governor but they told me to look else where. I need it done because its a pain when applying for nursing jobs. Nothing violent at all but I still get denied.

SourSig
05-20-2012, 1:10 AM
Maybe this isn't a too common of a thing people do, even if it's been many years since their last ticket.

Flintlock Tom
05-21-2012, 2:03 PM
I got an "expungement" (reduction of counts, dismissal of charges) on two counts about 15 years ago. However, it was in California Superior court, and the two counts were "wobblers", meaning they could have been charged as misdemeanors or felonies.
It was as simple as submitting a single form to the Clerk of the Court, with a small fee.

littlejake
05-21-2012, 4:01 PM
SourSig: You need a lawyer. Your question cannot be answered here without more detail which I advise against in an open forum.

Get a lawyer, your conversations would carry legal privilege. Usually these things require some work and require some expense. For an hours time with a firearms lawyer, you can get advice of whether you should even try to go further.

bwiese
05-21-2012, 4:44 PM
At CA level:



Expungement wipes the record for purposes of normal employment.
.
Expungement is not a true record wipe - it doesn't, for example, satisfy Fed. standards to override Lautenberg domestic violence
gun ban.. . . .
.
In CA, expungement doesn't restore civil rights like gun ownership
in cases of felonies; a "17(b) motion" needs to be completed to convert a 'wobbler' (a case where it could be sentenced felony or
misdemeanor) felony to misdemeanor. Pure felonies don't have this
option..
A
A "Certificate of Rehabilitation" is a somewhat related "you've been
a good boy since your transgression" but does not restore gun rights
either.
A ".
Pure CA felonies need to get governor action (pardon).
.
'In rare instances in a plea bargain situation [as opposed to a
conviction at trial] trying to be alleviated, a 'writ of error coram nobis' can be attempted.

From Michellawyer's website:

"A Writ of Error Coram Nobis is essentially a motion to vacate the plea. If successful, the conviction is vacated and the case is procedurally brought back to the moment before the plea was
taken. This creates a risk because the District Attorney's Office
may choose to continue the prosecution of the case. We cannot know if the District Attorney will choose to continue prosecution
of the case, but factors that may help determine that are if the conviction is within the past few years, what the conviction was
for, and the individual's criminal history. It must be explained that although the conviction is now vacated, the offense may still be prosecuted....

.. if the individual was convicted by a court or jury, the Writ is not applicable and cannot be filed."
.


It's a ***** to get back (gun) rights at Fed level without Presidential action. Funds for such fixes have been blocked from ATF.

bwiese
05-21-2012, 4:46 PM
I got an "expungement" (reduction of counts, dismissal of charges) on two counts about 15 years ago. However, it was in California Superior court, and the two counts were "wobblers", meaning they could have been charged as misdemeanors or felonies.
It was as simple as submitting a single form to the Clerk of the Court, with a small fee.

An expungement did not do that...
- a 17(b) or other court action got your gun rights back;
- expungement just masks the record from normal (non-secure) employers;
- if you have any doubt about the above, you should re-verify to avoid
"felon-in-possession" drama.

lear60man
05-22-2012, 8:32 AM
A buddy of mine had it done years ago. It took 3-4 months and packets sent to the city, state and FBI. Cost him a grand or two using an attorney. 3-4 months from start to finish.

Flintlock Tom
05-22-2012, 10:20 AM
Originally Posted by Flintlock Tom View Post
I got an "expungement" (reduction of counts, dismissal of charges) on two counts about 15 years ago. However, it was in California Superior court, and the two counts were "wobblers", meaning they could have been charged as misdemeanors or felonies.
It was as simple as submitting a single form to the Clerk of the Court, with a small fee.
An expungement did not do that...
- a 17(b) or other court action got your gun rights back;
- expungement just masks the record from normal (non-secure) employers;
- if you have any doubt about the above, you should re-verify to avoid
"felon-in-possession" drama.
You're right, perhaps I used the term "expungement" incorrectly. I used it as an umbrella term to include: Reduce felony count to a misdemeanor via: CA penal code 1203.4. Then original charges dismissed via: CA penal code 17(b)(3).
Since that time I have received an FFL (ATF just wanted to see the final court documents) and purchased dozens of firearms.

jeep7081
05-22-2012, 10:39 AM
This topic comes up a lot. I will try to find the form. For state, it's $60 and a single sided form. You give it to the clerk. No attorney, no day in court. Judge approves it or not in chambers.

Form
http://www.courts.ca.gov/documents/spr08-35.pdf

.358 Win
05-23-2012, 9:47 AM
"Expungement is not a true record wipe - it doesn't, for example, satisfy Fed. standards to override Lautenberg domestic violence
gun ban.. . .


In CA, expungement doesn't restore civil rights like gun ownership
in cases of felonies; a "17(b) motion" needs to be completed to convert a 'wobbler' (a case where it could be sentenced felony or
misdemeanor) felony to misdemeanor. Pure felonies don't have this
option.."


True. However, if you have been convicted of any "reduced" charge ( PC 415, etc ) you can use penal code 17d. This does the same as 17[b] because the misdemeanor is turned into an infraction.. In short, it takes you outside of the Lautenberg domestic violence gun ban:


(d) A violation of any code section listed in Section 19.8 is an
infraction subject to the procedures described in Sections 19.6 and
19.7 when:

(2) The court, with the consent of the defendant, determines that
the offense is an infraction in which event the case shall proceed as
if the defendant had been arraigned on an infraction complaint.

The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).

http://www.lawlink.com/research/CaseLevel3/84944

[1] "[O]nce a court has reduced a wobbler to a misdemeanor pursuant to . . . section 17, the crime is thereafter regarded as a misdemeanor 'for all purposes.' This unambiguous language means what it says, and unless the Legislature states otherwise, a person such as [defendant] stands convicted of a misdemeanor, not a felony, for all purposes upon the court so declaring." (Gebremicael v. California Com. on Teacher Credentialing (2004) [156 Cal.App.4th 58] 118 Cal.App.4th 1477, 1483 (Gebremicael).) Accordingly, defendant's possession of a firearm by a convicted felon must be reversed. (See People v. Banks (1959) 53 Cal.2d 370, 383-387, 388 ["defendant would remain classified as one convicted of a felony within the meaning of section 12021 . . . until and unless the [prior] offense was reduced to a misdemeanor by imposition of appropriate sentence"]; Gebremicael, supra, at p. 1485 ["as the Banks court observed, a person whose felony conviction is reduced to a misdemeanor will no longer be classified as one convicted of a felony within the meaning of . . . section 12021"].

winnre
05-23-2012, 9:54 AM
In California going the 17B route is the easiest option, the rest are as rare as winning the lottery.

jeep7081
05-23-2012, 9:54 AM
Same form used I posted for pc415 misdemeanor to an infraction? I tried to find it to post it to help others and couldn't.

.358 Win
05-23-2012, 10:34 AM
Same form used I posted for pc415 misdemeanor to an infraction? I tried to find it to post it to help others and couldn't.

Reduce the conviction to an infraction, set aside plea, to dismiss and to expunge. 17[d], 19.8 and 1203.4 ..in that order

.358 Win
05-23-2012, 10:35 AM
Same form used I posted for pc415 misdemeanor to an infraction? I tried to find it to post it to help others and couldn't.

Reduce the conviction to an infraction, set aside plea, to dismiss and to expunge. 17[d], 19.8 and 1203.4 ..in that order

jeep7081
05-23-2012, 10:39 AM
Reduce the conviction to an infraction, set aside plea, to dismiss and to expunge. 17[d], 19.8 and 1203.4 ..in that order

This topic comes up a lot. I am sure this will help others! So, same form sounds like.

For others watching. This is $60 at most court houses and a lawyer isn't used. You just file the form. Judge grants it if you qualify.

winnre
05-23-2012, 10:51 AM
Plenty of lawyers will talk to you on the phone for free about your case. I called around and used Bruce Colodny. Other lawyers even said restoring gun rights is not possible, so get a GUN LAWYER specifically.

jeep7081
05-23-2012, 10:56 AM
Plenty of lawyers will talk to you on the phone for free about your case. I called around and used Bruce Colodny. Other lawyers even said restoring gun rights is not possible, so get a GUN LAWYER specifically.

You're right. My post was to help those looking for a job as this would help. Sorry I didn't make it clear.