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View Full Version : Restoration of rights for felons.


Bucc
08-16-2010, 8:07 PM
Situation:
A buddy of mine was popped for a non violent felony about 15 years ago. He had some weed and got caught with it and got probation; no prison time.
He is now living in Vegas, has been a total citizen since then and in fact his record has been expunged and he has paperwork to prove it.
He went to buy a shotgun in Vegas a while back and they told him he needed to get something cleared by the State of California.

Question:

Does anyone here have any idea what someone does to get their rights restored? He talked to someone at the ever informative BOF who told him the idiot governor needed to sign off on something.

Anyone know?

Crom
08-16-2010, 8:21 PM
I think he needs a pardon from the governor. See this document: http://gov.ca.gov/pdf/interact/how_to_apply_for_a_pardon.pdf

Falstaff
08-16-2010, 8:45 PM
He needs to make sure his "expungement" included a granted 17b motion.

There is a thread here in the best of forum. Ignore people like Crom who dont know of what they speak, they just speak.

Google 17b, better yet go here: www.recordgone.com

duldej
08-16-2010, 9:04 PM
i once had to restore my 2a rights (after a 5150) and my attorney sent in the mail a letter along with a court order from the judge in that case to the criminal identification and information unit of the doj.

i submitted a personal firearms eligibility check about one month later and it was cleared-up.

Bucc
08-16-2010, 9:29 PM
I saw in a now seemingly removed response including a google link( I used this site's search engine and got a bunch of glop about illegal aliens and gay marriage :rolleyes:)
and saw a bunch about the 17b motion that was all greek salad to me in a thread that was all about domestic violence...... OOOOOOOKAYYYYYYY.

So what I see is a judge grants a 17b motion? Or since he was expunge does he just need to get Cal DOJ/BOF to update it's files?

Crom
08-17-2010, 8:38 AM
He needs to make sure his "expungement" included a granted 17b motion.

There is a thread here in the best of forum. Ignore people like Crom who dont know of what they speak, they just speak.

Google 17b, better yet go here: www.recordgone.com (http://www.recordgone.com)

There is no need to cast insults.

I saw in a now seemingly removed response including a google link( I used this site's search engine and got a bunch of glop about illegal aliens and gay marriage :rolleyes:)
and saw a bunch about the 17b motion that was all greek salad to me in a thread that was all about domestic violence...... OOOOOOOKAYYYYYYY.

So what I see is a judge grants a 17b motion? Or since he was expunge does he just need to get Cal DOJ/BOF to update it's files?

Here is a very useful concise resource for explaining the options for your fiend in need. It does mention how Penal Code Section 17(b) (3) works.

http://www.expungecriminalrecordcalifornia.com/reduce-felony-to-misdemeanor/

DaveInOroValley
08-17-2010, 8:39 AM
I believe it's called a "certificate of rehabilitation"

JSilvoso
08-17-2010, 8:51 AM
Reducing the offense to a misdemeanor (which sounds like his only option aside from a pardon) depends on the underlining charge and the sentence he received.

If he was convicted of an offense that could have been punished with state prison or county jail, that offense may be reduced depending on his actual sentence. If they sentenced him to probation but stayed imposition of sentence, he should be able to reduce the conviction to a misdemeanor. If they sentenced him to X years in prison but stayed execution of sentence and gave him probation it cannot be reduced.

If the conviction is ONLY punishable as a felony or he was sentenced to prison and execution of the sentence was stayed he is going to need a pardon.

paul0660
08-17-2010, 9:07 AM
That must have been a lot of pot.

KylaGWolf
08-17-2010, 9:08 AM
There are some felonies that no matter what the gun rights are gone for good even if expunged. Domestic Violence being one of them. Drugs might be another. Your friend needs to speak with a lawyer to find out if it would even be possible to get his or her gun rights back.

Bucc
08-19-2010, 5:19 PM
Reducing the offense to a misdemeanor (which sounds like his only option aside from a pardon) depends on the underlining charge and the sentence he received.

If he was convicted of an offense that could have been punished with state prison or county jail, that offense may be reduced depending on his actual sentence. If they sentenced him to probation but stayed imposition of sentence, he should be able to reduce the conviction to a misdemeanor. If they sentenced him to X years in prison but stayed execution of sentence and gave him probation it cannot be reduced.

If the conviction is ONLY punishable as a felony or he was sentenced to prison and execution of the sentence was stayed he is going to need a pardon.

Thanks.
I actually told him to call your Firm.

That must have been a lot of pot.

Yeah, it was a lot of weed. And no, he wasn't dealing. He never played that BS. He just smoked Cheech N Chong amounts of grass. He actually credits the arrest and conviction with the level of personal success he enjoys today. He says it straightened him out; now he owns two businesses and two homes, is married to a really nice gal and just had his first kid.