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View Full Version : DOJ Inaccuracy or Incompleteness form - Still showing felony


Kankles
12-04-2012, 3:41 PM
I have a document that states:

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the conviction for a misdemeanor violation of Penal Code 245 suffered by XYZ on XYZ date, be dismissed pursuant to Penal Code 1203.4.

Wouldn't this documentation be enough to change the DOJ record to show that the felony was reduced to a misdemeanor?

I have the copy of my DOJ record... only one count for Penal Code 245, so the information above pertains to that case. What information can I use to prove that the felony was reduced? How do I get that information? Will the statement above on the document that I have do the job?

I am just thinking that this document states that 245 misdemeanor is being dismissed... it says nothing about a 245 felony.

The case was a wobbler and was over 10 years ago.

Thanks

Kankles
12-04-2012, 3:59 PM
I have not sent the DOJ Inaccuracy or Incompleteness form in yet... and I actually have hired my old attorney again :helpsmilie: for a decent hourly wage... Would the document that I have suffice to reduce the felony and restore gun rights?

ptdog
12-04-2012, 4:05 PM
If it does not have the 1203.4 on the criminal record, all it will take is the incompleteness form and certified copy of the order stating the 1203.4. It will take 90 days to finally come thru. I have done it, and it took that long. No lawyer needed. Save your money for the certified copy of the order.

HowardW56
12-04-2012, 4:05 PM
You don't provide much information. You say the case was 10 years ago, when was the dismissal order signed?

Kankles
12-04-2012, 4:14 PM
The date on the document that I have is posted Mar 29, 2006. The date of violation was May 29 2002.

The DOJ record reads:

CNT:001 #XXXXXXXX
242 PC-BATTERY TOC:N
DISPO: DISMISSED/FURTHERANCE OF JUSTICE

CNT:002
SEE COMMENT FOR CHARGE
*DISPO:CONVICTED
CONV STATUS: FELONY
SEN: IMP SEN SS, 003 YEARS PROBATION, 090 DAYS JAIL
COM: CNT 02 CHRG-245(A)1PC
DCN:XXXXXXXXXXXXXX

20060329
DISPO:CONV SET ASIDE & DISM PER 1203.4 PC
DCN:XXXXXXXXXXXXX

disturbed1
12-04-2012, 4:16 PM
You need to send in a copy of your court minutes to show the conviction was reduced or dismissed. I sent mine in and got my weapon on the 10th day

glock 357
12-04-2012, 4:17 PM
LMAO this is funny. I couldn't help but ask who your attorney is and did he happen to direct you here to ask the question during consultation?

Kankles
12-04-2012, 4:17 PM
I am right handed... hit someone with my left... and I get charged with assault with deadly weapon... hardly justice IMO

Kankles
12-04-2012, 4:21 PM
I do have an attorney, and they are saying to get "a minute order of the plea/sentencing and/or a transcript of same"... just wondering if this document would work really.

Sorry if I offend some of the general community... heaven forbid if someone messes up when they are 21 years old, drunk at a bar... that never happens!

ptdog
12-04-2012, 4:27 PM
From what you posted in post #6, you should not need to do anything further. The felony will always show. Having the 1203.4 there to show it was reduced is all you need. Cheaper and faster now is the eligibility form.

Kankles
12-04-2012, 4:34 PM
The 1203.4 does not restore gun rights. You would have to have it reduced, PC17(b) is what I was told would do the deal (as I was on the phone with DOJ firearms)... my issue is that if 1203.4 was issued and I didnt get the 17(b) reduction I think that my firearm rights are toast. The 17(b) needs to happen before the 1203.4.

The paperwork that I have is what is confusing... it lists the offense as a misdemeanor, which is why I think my attorney needs to get the minutes...

bwiese
12-04-2012, 4:37 PM
When did Calguns become the go to place for felons to get advice on how to circumvent the law and get guns?



"Circumvent the law"?

Jeez, pray tell how utilization of an expressly codified provision within CA law for sentence reduction for 'wobblers' is 'circumventing'.

You yourself should hope your conduct - esp with firearms - is always such that it could never result in a felony and that your personal financial circumstances allow proper defense against such charges instead of having to plea out to a DA to avoid elevanted sentence post-trial/conviction using a public defender.

socalbowhunter
12-04-2012, 4:38 PM
All 1203.4 says is that you completed the terms of your conviction. You need to have your felony reduced to a misdemeanor and wait the 10 years. If your 10 years is up, good to go.

Kankles
12-04-2012, 4:44 PM
Its a wobbler.. just stop talking... your ignorance on the topic is not needed here. That is what is wrong with these threads.... people like you, with nothing to offer keep side tracking and make a 2 page thread (max), like 10-15 pages. The thread loses all effectiveness to people who are losing a right to possess firearms.

Means nothing to you because you are not in the situation. Have respect. Thats all I'm asking for.

socalbowhunter
12-04-2012, 4:46 PM
I answered your question. Right?

And what are you talking about? You've been here 15 minutes and have 10 posts? What do you know about "these threads"?

That's it, I'll leave your thread alone. I deleted all of my condescending posts, just for your happiness. Because, your happiness, is important to me.

Kankles
12-04-2012, 4:59 PM
Any thread on any given site has the same "side busting" people that have nothing to offer except for their bitterness towards life/others... they are all the same.
Thanks for the respect on deleting unnecessary banter.

mej16489
12-04-2012, 4:59 PM
The date on the document that I have is posted Mar 29, 2006. The date of violation was May 29 2002.

The DOJ record reads:

CNT:001 #XXXXXXXX
242 PC-BATTERY TOC:N
DISPO:DISMISSED/FURTHERANCE OF JUSTICE

CNT:002
SEE COMMENT FOR CHARGE
*DISPO:CONVICTED
CONV STATUS: FELONY
SEN: IMP SEN SS, 003 YEARS PROBATION, 090 DAYS JAIL
COM: CNT 02 CHRG-245(A)1PC
DCN:XXXXXXXXXXXXXX

XXXXXXXX
DISPO:CONV SET ASIDE & DISM PER 1203.4 PC
DCN:XXXXXXXXXXXXX


You were convicted of felony 245 not misdemeanor 245. You need a 17(b)(3) reduction to misdemeanor before the 1203.4.

Unfortunately, You're still a convicted felon right now. I don't know if this can be fixed.

tcrpe
12-04-2012, 5:02 PM
What does "DCN:XXXXXXXXXXXXX" mean?

Kankles
12-04-2012, 5:03 PM
It has DCN: and a bunch of numbers... they are probably specific to my case, so I dont want to list them

Kankles
12-04-2012, 5:06 PM
mej... thanks. That is what I am thinking, but the paperwork that I have states PC245 misdemeanor... I am thinking that it must have been reduced and that I dont have the correct paperwork to prove it.

There are no threads that I can google to find out what to do, so any help is appreciated, although I do have an attorney on it... just trying to find out if someone knows what steps could be taken. My attorney says that their files indicate that the felony was definitely reduced.

Paul S
12-04-2012, 5:09 PM
What does "DCN:XXXXXXXXXXXXX" mean?

Probably the Docket Case Number which the OP chose not to list.

mej16489
12-04-2012, 5:15 PM
mej... thanks. That is what I am thinking, but the paperwork that I have states PC245 misdemeanor... I am thinking that it must have been reduced and that I dont have the correct paperwork to prove it.

There are no threads that I can google to find out what to do, so any help is appreciated, although I do have an attorney on it... just trying to find out if someone knows what steps could be taken. My attorney says that their files indicate that the felony was definitely reduced.

Its not unheard of for there to be bad record keeping in the system. Your original (current?) lawyer should have everything you need to get it straightened out. I hope its just a clerical error and you in fact had a 17(b) reduction prior to the 1023.4

Kankles
12-04-2012, 5:17 PM
Yes... and the Docket Case Number is the same on the DOJ LiveScan as the document that I have stating:

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the conviction for a misdemeanor violation of Penal Code 245 suffered by XYZ on XYZ date, be dismissed pursuant to Penal Code 1203.4.

I would think that means that I just need additional paperwork.

mxadam579
12-04-2012, 5:22 PM
felony means no no

Kankles
12-04-2012, 5:32 PM
I actually was able to use this document in order to satisfy Foster Care approval of the reduction...

chris
12-04-2012, 5:41 PM
"Circumvent the law"?

Jeez, pray tell how utilization of an expressly codified provision within CA law for sentence reduction for 'wobblers' is 'circumventing'.

You yourself should hope your conduct - esp with firearms - is always such that it could never result in a felony and that your personal financial circumstances allow proper defense against such charges instead of having to plea out to a DA to avoid elevanted sentence post-trial/conviction using a public defender.

my roomate is doing this now. long time hunting partner and now nothing. truly sucks. you have to beware of your actions.

mej16489
12-05-2012, 12:00 PM
Yes... and the Docket Case Number is the same on the DOJ LiveScan as the document that I have stating:

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the conviction for a misdemeanor violation of Penal Code 245 suffered by XYZ on XYZ date, be dismissed pursuant to Penal Code 1203.4.

I would think that means that I just need additional paperwork.

Do you still have the conviction paperwork? Ultimately that's what counts. The paperwork for your 1203.4 could be in error when it mentions the "misdemeanor violation"

Its critical that you were either A) not convicted of a felony or B) had a 17(b)(3)

Kankles
01-06-2013, 2:24 PM
I went and got "minutes", "motions" & a what looks like schedule, maybe, from the Court... Took about a month...

Minutes show:

Count Code Section MC # Plea Finding
001 PC 245(A)1/F XXXXX300 NG DISMISS

The motion contains 4 pages :

Notice of Motion
Declaration of Counsel
Proof of Service
& the same paperwork that I started the thread off with (looks like a 1203.4 dismissal confirmation (mine has judge's signature, there's does not)

Other than the Proof of Service page, all other verbiage contains language referring to misdemeanor being dismissed pursuant to 1203.4.

------------------------------------------------
Ex:
Notice of Motion
PLEASE TAKE NOTICE that on xxx date (etc.), defendant xxx, by and through his attorney, xxx, will move and hereby does move for dismissal, pursuant to Penal Code 1203.4 of the misdemeanor Penal Code 245 conviction suffered by the defendant.

The motion is based on this Notice, the attached declaration of counsel, the records and files of this case, and any argument and/or evidence that the Court may consider at the hearing of this matter.

------------------------------------------------

I was told that my file contains no additional information... the clerk seemed hesitant to really help me out to much... She said that she had the whole file. I asked if I could get copies of the entire file... she told me that costs the Court in labor time to make the copies or something (kinda trying to shoo me off - like my life has no meaning to her ***way to serve one of the people!)... she did say that any information that may have existed prior could have been "tossed" - she corrected to saying destroyed.

So... my thing is, I have a "judge signed", official copy of the 1203.4 reduction (same one that I started the thread with) with the verbiage of misdemeanor... the court does not have a signed version (and they were very interested in almost taking my copy because it was more complete than their records)... and the rest of the records appears to be destroyed from what I can tell.

This 1203.4 paperwork seems like it should either be taken as is (felony changed to misdemeanor) or the 1203.4 documentation should be reversed or "un-dismissed/reopened" (since I was getting a 1203.4 dismissed for a misdemeanor charge that apparently was a felony), at which point I can file for reduction 17(b), then get the 1203.4 again to dismiss the misdemeanor.

Any advice at this point...? I have forwarded all documentation to my attorney, but figured I would keep the thread going, just in case someone else ever gets into this situation.

Paul S
01-06-2013, 4:07 PM
I have a document that states:

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the conviction for a misdemeanor violation of Penal Code 245 suffered by XYZ on XYZ date, be dismissed pursuant to Penal Code 1203.4.

Wouldn't this documentation be enough to change the DOJ record to show that the felony was reduced to a misdemeanor?

I have the copy of my DOJ record... only one count for Penal Code 245, so the information above pertains to that case. What information can I use to prove that the felony was reduced? How do I get that information? Will the statement above on the document that I have do the job?

I am just thinking that this document states that 245 misdemeanor is being dismissed... it says nothing about a 245 felony.

The case was a wobbler and was over 10 years ago.

Thanks

1. You hired your original attorney to sort out the issue and hopefully square things away. GOOD MOVE SIR!
2. Go back and read just the highlighted area...digest that a few seconds and then realize that under Kamilla Harris the DOJ Firearms section has been directed to look for ANY plausible reason to deny DROS clearance.

How about unpaid traffic tickets...deny
Arrests years ago with dismissal of charges for which records have now been purged...deny etc etc.

Understand what DOJ is about and is doing under Harris and you can see why you are getting the 'schnitzel'.

By the way be sure to notify the foundation folks who are tracking the phony baloney denial crappola.

Good luck.

winnre
01-06-2013, 4:42 PM
The 1203.4 does not restore gun rights. You would have to have it reduced, PC17(b) is what I was told would do the deal (as I was on the phone with DOJ firearms)... my issue is that if 1203.4 was issued and I didnt get the 17(b) reduction I think that my firearm rights are toast. The 17(b) needs to happen before the 1203.4.

The paperwork that I have is what is confusing... it lists the offense as a misdemeanor, which is why I think my attorney needs to get the minutes...

The 17b can happen afterwards.