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Old 03-27-2014, 4:43 PM
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Default Restoration of rights for a prohibited person

Mods if this is the wrong area, please move.

I have a coworker that got into some trouble when he was younger, did his time and has since been on the straight and narrow for 20+ years. He is interested in finding out if it is possible to have his rights restored. Anyone have any recommendations for a lawyer familiar with the process that he could talk to in/around the Sacramento region?
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Old 03-29-2014, 10:17 PM
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I would talk to Adam Richards - he does a lot of these. http://www.rwslaw.com/attorneys/attorneys-2/.

In short, to get a 17(b) reduction to misdemeanor, he had to have been convicted of a wobbler felony, and he had to get probation or county jail plus probation. He must have completed the probation including paid any fines and restitution. It is even OK if the probation was revoked so long as it was reinstated and completed.

More info http://www.shouselaw.com/reducing-fe...isdmeanor.html

Here is a list of wobbler felonies (may not be complete) http://www.recordgone.com/california...y_wobblers.htm

The relief will need to be sought from the court where he was convicted, not where he lives now. So finding a knowledgeable attorney in the area of the court is probably most cost effective.

If he got sentenced to prison (state penitentiary) then he needs to get a certificate of rehabilitation plus a full and unconditional pardon from the governor, and the crime cannot have included use of a dangerous weapon to get firearms rights back using this process. More info on that http://www.shouselaw.com/certificate...ilitation.html

http://law.onecle.com/california/penal/4852.17.html

This all assumes he was convicted in CA. If he was convicted in another state, he should seek out relief from that state if they have a process for it.
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Old 03-29-2014, 11:00 PM
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I went through the same thing, Sky Hawk says all that you need t to know. As long as it was a wobbler, could have been felony or misdemeanor and you did not go to prison, or sentenced to prison, even if sentence was suspended. i did mine with a public defender. I was on a misdemeanor that said I could not own firearms for 10 years, and that gave me the felony.

I waited 5 years, still on probation and petitioned the court to reduce to misdemeanor, via pc 17 b, and 1203.4 to change guilty of plea to not guilty, accepted by court, judge accepted, and then dismissed the charge.

I still had to wait the 5 more years for the 240 Pc to expire before I could purchase firearms, which I have since purchased six of them, I am not allowed to own, and purchased firearms.

The thing that helped me was doing community service for the hospitals and school bus agency, and they wrote notes to the judge, the district strenuously objected, but the judge saw the community service as being a good citizen that deserves another chance. The judge even entered a 1203.3 to terminate my probation, my probation officer objected, the district attorney objected, but the good deed, of community service made the difference.

Its too bad most of the guns they took, are all now illegal for sale in California, but if I didn't get arrested, could have kept them.


The way I got the misdemeanor, was because, I was on probation, for 240 pc, simple assault, got caught with 14 guns in my house, and that violated me, and gave me the felony.

Holding cells and county jail are not prison.
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Old 03-30-2014, 9:01 AM
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Thanks for the information Guys. I'll pass the information on to him.
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