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Old 08-08-2008, 12:33 PM
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ptdog ptdog is offline
Join Date: Aug 2008
Location: San Marcos
Posts: 157
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egnilk66 , don't be discouraged. I was in your shoes, but with a different charge. I also did something stupid when I was 18. All of us were probably young and stupid once. I really learned a great deal from that experience.

In my case, it was a felony wobbler. I did the 1203.4 and 17b to get it reduced to a misdemeanor and then set aside in 2002. This would have done it for me, but I was wrong. Just this year in February, I tried a purchase a firearm but was denied.

I was also lost and things seemed daunting in finding out why. I first started with FBI NICS, but realized that it is California DOJ who you need to deal with. I then called the firearms department in DOJ. A lady told me why I was turned down.

First is to get your Criminal history file and find out what is on it and what DOJ is seeing. For me, they had the wrong degree, first instead of second. Follow their dispute process when you get your history file. It took two tries to get the degree corrected. Once it was correct, the purchase went thru. DOJ is getting tough and said will not recognized a reduction to a misdemeanor if the charge was not a wobbler. In my case it was. They just had the wrong degree. They did see the reduction and set-asside, but with a first degree or non-wobble, they will deny your purchase.

The history file that was sent to me confirmed that they had inaccurate information for me.

Then really find out if your charge will have permenant disqualifier or 10 disqualifier. If not, use the process to dispute. In your claim of incompleteness, get certified court copies and sent that in with it. This process does work. It took me five month to get things corrected.

For me, the first try was someone not really reading the dispute form. I disputed further in a second letter as a reply. The second person took time to read it and call me about it. DOJ cannot simply correct your history file if it is wrong. They have to have the court retransmit or see if there is more. DOJ had to turn around and contact the court in my situation. DOJ was able to correct my incorrect charge and send me the new history file with the correct information.

If the process with the dispute does not work, you have the option to dispute the History file further with an Administrative Judge. DOJ will get this process going for you. All you have to do is dispute it to the supervisor of the person who is working with the dispute. You will have the burden of proof to state your case.
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