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Theseus
07-17-2012, 11:09 PM
Hello all.

It has been some time since I posted on here, but I had a question about getting my conviction expunged.

As I understand the whole process, there is a way for me to get my record expunged. But, the question I have is about when I can do so? The issue comes with the 12021, I believe, that prohibits ownership for 10 years. Do I have to wait the 10 years to start the expunging process, or can I do it as soon as the 3 years probation is past?

I have to check my records, but I believe the conviction was in December of 2009, so I, theoretically, might be able to apply for expulsion in December of this year?

Ron-Solo
07-17-2012, 11:36 PM
I believe, but am not certain, that you just have to wait until any term of probation is completed to file for expungement.

Librarian
07-18-2012, 1:18 AM
Appeal docs say "On November 6, 2009, the jury found Appellant guilty of possessing a firearm in a school zone.
...
On December 10, 2009, imposition of sentence was suspended and Appellant was placed on three years probation ..."

So, December looks like the time.

Fate
07-18-2012, 7:30 AM
Hope it works out, Theseus.

OleCuss
07-18-2012, 7:39 AM
There are lots of us who are going to be hoping for full rights restoration.

Let's see, that goes reduction to misdemeanor and then expungement, doesn't it?

Flintlock Tom
07-18-2012, 7:40 AM
When I had this done I just had to complete probation, make sure all fines and restitution were paid and not currently be "in trouble."
Didn't you have a probation officer that you had to keep in touch with? I had to get his permission before I could even leave the state.

Good luck and does this mean you plan on coming home?

Theseus
07-18-2012, 3:45 PM
No, I was on summary probation, which, as I understand, is not assigned any officer, or with any need to do any reporting.

I have received notice that all conditions of my probation have been meet, and should just be waiting out the clock.

Since it was already a misdemeanour, there should only be the step of filling, but I only read the rules once. That's why I was deferring to smarter minds.

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wheels
07-18-2012, 4:16 PM
Good luck, hope it works out smoothly.

Flintlock Tom
07-19-2012, 11:39 AM
Hello all.

It has been some time since I posted on here, but I had a question about getting my conviction expunged.

As I understand the whole process, there is a way for me to get my record expunged. But, the question I have is about when I can do so? The issue comes with the 12021, I believe, that prohibits ownership for 10 years. Do I have to wait the 10 years to start the expunging process, or can I do it as soon as the 3 years probation is past?

I have to check my records, but I believe the conviction was in December of 2009, so I, theoretically, might be able to apply for expulsion in December of this year?

How certain are you that you are banned for 10 years?
Was it specified in your sentencing?
The whole "3 year probation" thing sounds like a slap on the wrist. I would try to find out what restrictions are actually in effect.

760practicalshooter
07-19-2012, 12:27 PM
I had to get a misdemeanor expunged recently. I waited until probation was finished, fines were paid off, and no other trouble. Went to the court and asked for expungement papers, filled out the papers with court case info. You will have to request your court documents while you are there. Either pay the fee or request the "fee waiver" packet as well. once submitted it takes about a month to recieve the mail confirmation of the expungement. Make sure once the ex. papers are recieved, contact the CaDOJ and FAX the paperwork to them to have it updated on their end.

Theseus
07-19-2012, 5:02 PM
How certain are you that you are banned for 10 years?
Was it specified in your sentencing?
The whole "3 year probation" thing sounds like a slap on the wrist. I would try to find out what restrictions are actually in effect.

The 10 year ban for 626.9 is a penal code restriction, and nothing to do with probation. However, I was ordered to sell our dispose of my firearms as required in the part of the penal code that prohibits possession.


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Theseus
07-19-2012, 10:05 PM
What I also wonder its if the DA will fight it just to keep me prohibited.


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Ron-Solo
07-19-2012, 10:36 PM
What I also wonder its if the DA will fight it just to keep me prohibited.


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They may raise an objection, but from what I know of the case, I doubt they would pull out a lot of stops. Head DDA's at the branch courts like Alhambra change often. Theres a good chance no one there even knows about the case after a couple of years.


I had to get a misdemeanor expunged recently. I waited until probation was finished, fines were paid off, and no other trouble. Went to the court and asked for expungement papers, filled out the papers with court case info. You will have to request your court documents while you are there. Either pay the fee or request the "fee waiver" packet as well. once submitted it takes about a month to recieve the mail confirmation of the expungement. Make sure once the ex. papers are recieved, contact the CaDOJ and FAX the paperwork to them to have it updated on their end.


To add to this, get certified copies from the court. May cost a few bucks more, but will be worth it in the long run.

Theseus
07-22-2012, 6:23 AM
Well, this seems pretty straight-forward. I have already been contacted by a lawyer, and hope that they can help me out. Can't do it myself, as I am out of country. I will let you know how it goes.

Thanks all for your help.

MudCamper
07-22-2012, 7:58 AM
If the conviction is already a misdemeanor, then the only other expungement you can get is the PC 1203.4 dismissal. But the 1203.4 does not include firearms rights. There's no way out of the 10 year ban.