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  #41  
Old 12-20-2017, 11:44 AM
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  #42  
Old 12-20-2017, 12:58 PM
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Quote:
Originally Posted by Chewy65 View Post
Read whatt RickD said about a 1203.4 reduction not restoring firearms rights.

A 1203.4 isn't going to do you any good. Please note the following excerpt from the statute:



If all you have accomplished it to get the DOJ to amend your record to reflect the 1203.4 it isn't going to do you any good and Rick is almost always right.
A 1203.4 does not do any good with gun rights. But a 1203.4 does do a lot of good for other things. You can legally say you have never been convicted of a crime on most forms where you would be asked, except an application to apply for law enforcement or elected office, and a few others.

Getting a conviction off your record is a BFD in life, just as important as getting the reduction. That is why I always suggest it also be done, and it is pretty easy to get and usually does not need a lawyer.

Again, good job OP! And thanks for updating the thread - you can count on it helping & inspiring someone else down the line who finds this thread via Google while trying to fix their own problems.
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Last edited by SkyHawk; 12-20-2017 at 1:01 PM..
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  #43  
Old 12-20-2017, 1:07 PM
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Quote:
Originally Posted by SkyHawk View Post
A 1203.4 does not do any good with gun rights. But a 1203.4 does do a lot of good for other things. You can legally say you have never been convicted of a crime on most forms where you would be asked, except an application to apply for law enforcement or elected office, and a few others.

Getting a conviction off your record is a BFD in life, just as important as getting the reduction. That is why I always suggest it also be done, and it is pretty easy to get and usually does not need a lawyer.

Again, good job OP! And thanks for updating the thread - you can count on it helping & inspiring someone else down the line who finds this thread via Google while trying to fix their own problems.
Skyhawk makes a lot of good points here, but one should be aware that most private employers rely on privately compiled database records to learn if a person has been convicted of a crime. Those private databases work by querying public records on a daily basis, and then storing the results. If you were convicted of a crime in 2002 and had it expunged in 2017, it's quite likely that the private database will report the 2002 conviction.
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  #44  
Old 12-20-2017, 1:34 PM
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Originally Posted by RickD427 View Post
Skyhawk makes a lot of good points here, but one should be aware that most private employers rely on privately compiled database records to learn if a person has been convicted of a crime. Those private databases work by querying public records on a daily basis, and then storing the results. If you were convicted of a crime in 2002 and had it expunged in 2017, it's quite likely that the private database will report the 2002 conviction.
And don't forget the extortionists at places like Mugshots.com! Yes it is very hard in this very connected world to hide the fact you have been arrested or previously convicted. But in many cases the fact that you are no longer convicted makes all the difference.

Look at what is about to happen to state employees in many departments. They may be fired because the state is about to start doing background checks on anyone with access to FTI (Federal Tax Information) per IRS Pub 1075.

http://www.sacbee.com/news/politics-...188828049.html

Quote:
Thousands of public workers at nine state departments will undergo criminal background checks that could affect their employment, according to the state Human Resources Department.

If the background checks turn up past criminal convictions, employees could be “non-punitively separated,” according to notices sent to labor unions.
I know some people at State IT who have worked there for 25+ years who are now sweating very old convictions. And it isn't just state employees, it is also sub contractors who provide services and have access to FTI.

A lot of awkward conversations are happening over this. Having that 1203.4 makes it nearly a non issue. Because if they had their conviction expunged or they were pardoned, then they can not be barred from employment in a job that has access to FTI.

And this carries to other jobs inside and outside of government, in any other state you might move to later. If you do ever plan to move, moving out of CA without a conviction is also a good idea.

And beyond the impacts of employment, adoption, foster parenting etc - saying you have no conviction to your grandkids, your future wife, your pastor - whatever - explaining that a judge reviewed the case and decided it should be reopened and you be allowed to withdraw your plea of guilty and have the court dismiss the original accusations - is a big deal.

Quote:
the defendant shall...be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted
It is hard to understate the positive effect of a 1203.4 on a person who has had to wear the jacket of 'convict' for 40 years, even if it never practically affected their employment or whatever - and I am sure it is hard for anyone who has not had the spectre of a conviction hanging over them that long to understand.
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Last edited by SkyHawk; 12-20-2017 at 2:02 PM..
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  #45  
Old 01-30-2018, 3:54 AM
losangeleno losangeleno is offline
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Originally Posted by jacknicholson View Post
Looking for assistance,

I recently purchased a hand gun at Greta's Guns and got a 'denied' notice from the California DOJ. It said I have a felony on my record. I did a live scan previously and I did see they had a felony conviction from 40 years ago but I knew it was wrong as soon as I saw it.

I filed a Proposition 47 reduction in April of this year with the Superior Court of Los Angeles but instead of getting a court date I got a letter saying 'A review of your case indicates that you were convicted of Section 459 as a misdemeanor. However, the record with the Department of Justice reflected the case as a felony and the Court has sent an update to the Department of Justice to amend your record.'

I have been trying to contact the DOJ to find out what the status is on amending the record but there is no clear way to contact someone. Their phone numbers are all automated response and their contact page simply gives an automated response saying they can't give legal advice. Very frustrating. I did send a certified letter to the DOJ containing copies of the letter from Superior Court, sent on August 4th.

Any suggestions for next steps?

Thanks in advance for any help you can provide,
First(really important) request a copy of your ca. dept of justice criminal history record through lifescan process. You can get the pdf forms off ca. doj website. Go to a notary,fill out the doc,get fingerprints and send it CERTIFIED MAIL to DOJ records dept. wait a while about 3 weeks(DOJ move live snails)and get the copy of the crim. record reflecting the amended conviction to show misd. If by chance it's not amended on paper then i would do this (which i did) Depending on the city you live in, call your state senators office with all your court docs. including you case# and tell them your delima. you will be talking to a rep. not the actual senator. VERY IMPORTANT do not mention anything about firearms & it does not matter if they are dem. or rep. You are wanting your public record cleared of a false felony conviction for future employment & background checks, that's all they need to know & and for the most part they will not ask you the reason you request this. they will call the DOJ records directly and most likely will speed up the process of your record being amended. they will do the same process with the fed fbi records dept also.
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  #46  
Old 01-30-2018, 9:59 AM
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I am going through the same thing. The best way to get a direct number is to email them. They will respond to your email in a couple of weeks and give you a direct number. They only have 1 person that processes all the Record Reviews for the entire state. Sounds like you have done everything you need to at this point. If your FBI records shows no issues than you only have a problem with CA DOJ. I have a couple of CCW's but just got a denial from CA DOJ and they admit no FBI flags on my record. Send them the email now and then wait for your record review report before you call them. They will not talk to you until you have that report in hand. It takes about 3/4 weeks to get the report back.

Good Luck
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  #47  
Old 01-30-2018, 1:22 PM
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It refers to bring reported on a Magnetic Resonance Disposition tape as opposed to a paper form.
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