ANOTHER DROS DENIAL

[DENIED2ND]

Hello to anyone reading this.

I have a situation where I went to purchase a long rifle in Cali and was denied. after reading the forums I went and got my FBI rap sheet and it showed no felonies or disqualifying misdemeanors.

So then I got my CA DOJ rap sheet and it shows a final disposition felony. however the charge was 2nd degree felony wobbler that was reduced to a misdemeanor and expunged over 15 years ago.

My question is how to proceed. I have court documentation from over 15 years ago showing it was reduced and expunged. I did this at the time because the DOJ denied me a CA Professional License. It took 9 months with the DOJ but the finally gave me my license. So they did have that 1203.4 "expungement"reduction in sentence (17b) on record. I would have never got that CA LIC or a child adoption around 6 years ago in which they did a felony backgound check as well.

So this leads me to how to proceed. Should I file the fire arm denial appeal or should I just request to make corrections to the DOJ Live Scan I did to review my record and after making correction reDROS?

I do plan on going to the courthouse next tuesday to see if I can get exemplified/certified copies of the expungement and see if they can send the DOJ the final final misdemeanor disposition. Right now as I said its still showing the felony disposition.

I dont want to screw this up so any advise on a chronological plan of action would be greatly appreciated. Thanks in advance for your help.

[edgerly779]

Was it for drugs? Talk to lawyer . Did you get 17b expungement.

[Jwalt]

I know the answer is ugly but the only answer I can possibly give is consult a lawyer.

Most people don't have experience with this and bad advice can be a lot worse than no advice.

[bronco75a]

Judging by all the responses, now I see why California gun owners are losing their rights.

You'd rather I just talk out my *** about nothing I know about and give you bogus info because I've never been arrested? You can google as well as I can to find out the answer. That's all I'd be able to do.

[Chewy65]

Use the search tool or google. It's not like your situation is original and so unique that an attorney should take their time to explain what you need to do,

[The Papa]

Have you received your denial letter yet? If not wait and see what it says. In the mean time if you want to send in the challenge form that you received with your Live Scan with copies of every document you have regarding that "Felony disposition" then go ahead and do that. No other way to get it changed that I know of? Hire an attorney, he'll charge you to assess your case then gather all copies of every document he can find regarding that "Felony disposition" and mail them in for you.

If you live near the court that holds the documents you can go pick them up and there might be a small processing fee involved. If not then get online and order them and get them sent off. I just appealed a live scan... 9 months later I got my amended copy. It's not an overnight thing that will happen.

Another option is after you gather your proof you can call your local Senator and have them help you. Good luck to you!

[Squirly]

Was there more than 1 count? Happened to me exactly same way- i went through the process in order to get a real estate license.. Come to find out, 1 of the counts was NOT reduced but was expudged. It was noted on the court order on the bottom. Took forever to find the note. I even drosed many firearms before getting denied and having this come up. Sooo weird. Good luck

[AFTII]

The unfortunate fact is that the list of prohibited persons expands yearly as more and more crimes are added to the exclusion lists.

Here is a place to start:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf

But, I strongly urge you to consult an attorney. Good luck.

[grumeazy]

Hello to anyone reading this.

I have a situation where I went to purchase a long rifle in Cali and was denied. after reading the forums I went and got my FBI rap sheet and it showed no felonies or disqualifying misdemeanors.

So then I got my CA DOJ rap sheet and it shows a final disposition felony. however the charge was 2nd degree felony wobbler that was reduced to a misdemeanor and expunged over 15 years ago.

My question is how to proceed. I have court documentation from over 15 years ago showing it was reduced and expunged. I did this at the time because the DOJ denied me a CA Professional License. It took 9 months with the DOJ but the finally gave me my license. So they did have that 1203.4 "expungement"reduction in sentence (17b) on record. I would have never got that CA LIC or a child adoption around 6 years ago in which they did a felony backgound check as well.

So this leads me to how to proceed. Should I file the fire arm denial appeal or should I just request to make corrections to the DOJ Live Scan I did to review my record and after making correction reDROS?

I do plan on going to the courthouse next tuesday to see if I can get exemplified/certified copies of the expungement and see if they can send the DOJ the final final misdemeanor disposition. Right now as I said its still showing the felony disposition.

I dont want to screw this up so any advise on a chronological plan of action would be greatly appreciated. Thanks in advance for your help.

Did you get a 1203.4 engagement and a separate 17b reduction? They are completely different. The 1203.4 will allow you to get the professional state licensing, not sure about the adoption as i have not been down that road. There should be separate lines on the DOJ criminal history check, 1 for the 1203.4 engagement and another for the 17b reduction. PM me if you need help, i just got done getting my report updated with DOJ, they are very helpful

[The Papa]

Sounds like you're on the right track with getting this resolved OP!

[grumeazy]

That answers my questions. Sounds like the court house never forwarded the form jus8715a. That's what updates the DOJ of the final dispo. Hopefully they did send it this time. I would be proactive and still file an appeal. The live scan should have come with a form called "alleged inaccuracies and incompleteness" or something like that. If you haven't filled that out yet, fill it out. Sending them copies of the court form doesnt matter, they still contact the reporting court house and get the update directly from them. It's not going to be quick or easy. Settle on and be patient, mine took about 10 months to get my record to reflect the reduction. Keep a positive attitude, you'll get through this.

Hello Grumeasy,

thanks for taking the time out to reply to my post. I know everyone is busy these days and its appreciated believe me.

In reply to your question, "Did you get a 1203.4 engagement and a separate 17b reduction? ". I am not sure what your asking.

the minute order states,

"Defense Motion to Reduce to Misdemeanor per PC17(b) is GRANTED"

"Defense Motion to Withdraw Plea; enter plea of Not Guilty and Dissmiss complaint per PC1203.4(a) is GRANTED."

I remember that day like yesterday. I prepared all the court papers myself. The Judge was thrilled and happy to grant me it and said I was in the very few % that come back to his court and get their lives straitened out and back into order.

There is nothing noted on the DOJ rap sheet in regards to the reduction/expunge. It just had strait FELONY as final disposition. So can you please elaborate on the difference and what I should be looking for?

sent from the internets

[grumeazy]

Thanks Grumeasy...yes I filed the appeal for both DROS denile and the Live Scan I did on myself. Court said give it 3 months, so Im going to wait it out. Its been 30 years ive waited to buy a firearm so whats a few more months.

3 months? That's funny. Honestly I've heard of some taking 6, some 12, some 18. It's kind of a crap shoot. It will all be over before you know it.

sent from the internets