Nearing the end of the Tunnel with my Restoration of Rights!

[17bb]

Last year I got my felony reduced to a misdemeanor through 17b and expunged. Was a very simple process and the DA had no objections.

A couple weeks later I did a livescan and the 17b order was not transmitted to the DOJ (shocker). The answer from the court was they ?forgot? because they had to send an actual paper in instead of an electronic disposition.

Waited two weeks and did another live scan and the reduction was there, but the 17b was not. Called the court and asked if they could resend it and they refused and said they did it correctly.

Went the long route and challenged the DOJ and 6 months later received my amended rap sheet showing the 17b!
5 days later I DROSed a Taurus .38. Made sure I went through a dealer that released on undetermined because I had a gut hunch I was going to be delayed. Great people at KW defense in Stockton!

Day 6 I received a call my hunch was correct, it was delayed but not denied!

That day I did an FBI check and my record wasn?t updated there which I?m guessing is the reason I was delayed. HOWEVER, the reason I don?t think I was outright denied was my FBI record doesn?t show the crime was a felony. And since my crime could either be a felony or a misdemeanor it was never really flagged as a felony.



But that?s my tinfoil hat theory, I could be very wrong about it. I emailed DOJ a couple times to ask if they can transmit the disposition to FBI but no response yet sadly.

Tomorrow is day 10 of my DROS I know my chances of picking up the gun are very slim tomorrow but a 30 day wait doesn?t sound as bad as the 10 year gun prohibition I?ve had.

My self imposed nightmare is coming to an end.

[bruss01]

Good luck!

[17bb]

Originally Posted by bruss01

Good luck!

Got my fingers crossed harder than my exs legs

[Rickybillegas]

Congratulations! Hard fought victory. Be well and be safe.

[Enzo rules]

Condolences OP.

[echo1]

Good luck. My buddy is experiencing the same issue, feloney reduced to misdemeanor and was curious what hoops he'd have to jump through. PAX

[17bb]

Originally Posted by echo1

Good luck. My buddy is experiencing the same issue, feloney reduced to misdemeanor and was curious what hoops he'd have to jump through. PAX

Do you know how it was reduced? Do you know the charges he had? Those are the biggest things that will hold someone up.

Once he gets it reduced he should automatically start being proactive about getting both state and federal sheets updated.

He should start with the court and make sure they submitted the disposition to the state. (Of course mine didn?t until I forced them to, of course they did it wrong and they admitted no wrongdoing so I gave up that route)

Second he should get a live scan done a week or two after confirming the court send the information in. If it?s not there he needs to send in paperwork proving that he got a felony reduction, there is a form that comes with the live scan. This will take months mine took 4. MAKE SURE HE CHECKS OTHER AND WRITES IN THAT HE WANTS HIS FBI SHEET AMENDED!!! Cal DOJ are useless and will only send information to FBI for amendment ONLY if you ask. Which is messed up because by law they?re required to report it within 120 days.

Alongside the DOJ appeal send in pictures to the FBI to their own appeals site. You don?t have to mail anything in. Just put the numbers in from the livescan. This is again because DOJ is useless and Will mess something up and prolong it somehow. So being proactive and going around DOJ is advised.

He will then receive an amended rap sheet from FBI and DOJ.

Then he should be able to DROS.

[scottmac2000]

17bb, I had two felonies from the 1980's reduced per 17b(3). These were reduced by two different courts with no objections from the DA. I had the doj, and then the fbi, rap sheets fixed. Still denied dros because doj does not want to recognize my 17b. The paperwork I received from the doj stating why they do not accept the 17b is straight comedy.
My felonies, from the 1980's, would only be a misdemeanor today.

[bruss01]

Unless you are very legal-savvy, you will need an attorney to file the appropriate paperwork. Getting the felony reduced to a misdemeanor is just step one of the process. Updating court records in ALL the related systems is where the leg-work comes in, and it's not a small undertaking due to (IMHO) unnecessary complexity and under-trained (or under-caring) government employees who have to then update the systems.

Which is why I wished you "good luck". It can be done but it is not a simple wave of a wand to do it. If you want it handled in the next year or two you will have the best shot at doing so by engaging an attorney familiar with the process. Otherwise, you will be putting yourself thru "law school lite" for the next few months/years figuring it all out and making the repeated calls and written requests and paperwork submissions to finally push it through the system.

As I said before, good luck!

[17bb]

Originally Posted by bruss01

Unless you are very legal-savvy, you will need an attorney to file the appropriate paperwork. Getting the felony reduced to a misdemeanor is just step one of the process. Updating court records in ALL the related systems is where the leg-work comes in, and it's not a small undertaking due to (IMHO) unnecessary complexity and under-trained (or under-caring) government employees who have to then update the systems.

Which is why I wished you "good luck". It can be done but it is not a simple wave of a wand to do it. If you want it handled in the next year or two you will have the best shot at doing so by engaging an attorney familiar with the process. Otherwise, you will be putting yourself thru "law school lite" for the next few months/years figuring it all out and making the repeated calls and written requests and paperwork submissions to finally push it through the system.

As I said before, good luck!

Getting an attorney just to update the systems is an incredible waste of money unless your 17b motions are very old. All you need to do is ask the court for your CR 181 and CR 180, get a live scan, and then send them those two forms saying you want it fixed. Took 4 months and cost me $25.

Regarding the fbi rap sheet I literally just asked DOJ to send my information to the fbi and they said okay.

Got a returned rap sheet with fbi records amended in under two weeks. They sent me an email with my new FBI rap sheet.

[17bb]

Originally Posted by scottmac2000

17bb, I had two felonies from the 1980's reduced per 17b(3). These were reduced by two different courts with no objections from the DA. I had the doj, and then the fbi, rap sheets fixed. Still denied dros because doj does not want to recognize my 17b. The paperwork I received from the doj stating why they do not accept the 17b is straight comedy.
My felonies, from the 1980's, would only be a misdemeanor today.

What does your live scan or fbi rap sheet say on it?

If you had more than one count per conviction you need the rap sheet to say ?all counts reduced and dismissed per 17b and 1203.4?

If it only has reduced per 17b it does not say what count and it technically didn?t adhere to a specific count.

[17bb]

Approved day 29!!!



Not sure why picture is flipped.

[Subotai]

Yay! Welcome to the club!

[racinjason233]

Originally Posted by Subotai

Yay! Welcome to the club!

This x2!!

[17bb]

Originally Posted by Subotai

Yay! Welcome to the club!

Thanks!

Already bought a lighter spring kit for it. Shooting 50 rounds out of it with that pull murdered my twice broken wrist.

[17bb]

Originally Posted by racinjason233

This x2!!

It?s good to be back in the saddle after a decade.

All I can say is my eyesight isn’t what it used to be when looking though gun sights lol.

[17bb]

Well now went and bought a Del-Ton AR. Bought it at sportsman?s because of how cheap it was.

I only did this because I was approved on my last purchase or I wouldn?t have taken the chance.

Since my last DROS was approved does that mean I have a better chance of not going into delay on this one?

[operavoice]

If you bought a centerfire pistol, then a centerfire semiauto rifle within 30 days DROS to DROS, the rifle DROS will be denied, and you'll get a waiting penalty, meaning you'll be denied due to a "1 in 30" violation, but you will still be able to reDROS the rifle after that penalty is over.

[17bb]

Originally Posted by operavoice

If you bought a centerfire pistol, then a centerfire semiauto rifle within 30 days DROS to DROS, the rifle DROS will be denied, and you'll get a waiting penalty, meaning you'll be denied due to a "1 in 30" violation, but you will still be able to reDROS the rifle after that penalty is over.

It was over 30 days.

30 days was up on may 12th at 11:34 am. Drosed the rifle may 13th at 4:08 pm.

A 1in30 is a reject not a denial.

Rejects don?t get forwarded to the local pd as a possible prohibited person buying a gun like denials do.

[jessdigs]

Congrats on getting your freedom back. Maybe try for ccw next? Since they can't deny for just cause they might try gmc but worth a try and worth the $120

Sent from my Pixel 4 XL using Tapatalk

[17bb]

Originally Posted by jessdigs

Congrats on getting your freedom back. Maybe try for ccw next? Since they can't deny for just cause they might try gmc but worth a try and worth the $120

Sent from my Pixel 4 XL using Tapatalk

I probably will eventually. I?m in Sacramento county so I?m sure it?s not too hard.

I already talked to the local sheriff about what happened and he had no problem pushing a ccw through with my past.

My next goal is to just successfully dros the guns I?ve wanted. After the AR I?ll likely get a 12 gauge so I wouldn?t have to borrow my dads, then likely a 10/22. Lastly a blackpowder I’ve been eyeing for a couple months but I don’t have to worry about a dros with that.

The journey isnt over yet but it?s been a ride for sure

[jessdigs]

Sounds like a good plan. I hear sac is pretty good about issuing. I hope it works out for you.

Sent from my Pixel 4 XL using Tapatalk

[17bb]

Originally Posted by jessdigs

Sounds like a good plan. I hear sac is pretty good about issuing. I hope it works out for you.

Sent from my Pixel 4 XL using Tapatalk

Thanks! I?ll keep the thread updated on at least the dros of the AR

[17bb]

Released on a 10 day wait!

[SDDAVE56]

Shoes off the table! Nice rifle by the way.

[17bb]

Originally Posted by SDDAVE56

Shoes off the table! Nice rifle by the way.

Thank you. I installed a new free float handguard and got a cheap optic thrown on it. Might paint it next.