Gun rights (after conviction)

[GonzHuntin129]

Hello guys. I?m new to Calguns and I have been trying to get some info on my situation. Basically I had a felony ?wobbler? case back in 2008-2009 and I recently filed a 17(b) and a 1203.4 . Do I have to get ahold of Cal DOJ for an updated record or does the court do it for me and if they do , Do I trust that they?ll do it right or at all?

[unusedusername]

Posting your specific law situation on a public forum is not considered by most to be a very smart plan. My suggestion would be to delete this post and contact a firearms lawyer who can correctly answer your questions.

Firearms lawyers don’t post specific answers on public forums.

I am not a lawyer.

[p7m8jg]

If you had a public defender appointed by the County in your old case you should contact them about filing a motion to expunge the conviction. Many public defender's offices are doing that for their prior clients, even clients from decades ago.

Wobbler felonies are generally easier to expunge than straight felonies, in my experience. YMMV.

[Ca2AZ]

Hey OP, no need to delete as many have asked a similar question before. I would start by searching "17(b)" on this forum to find other threads where your questions may have been answered.

Here is one that sounds similar to yours:

https://www.calguns.net/calgunforum/showthread.php?t=1875715&highlight=17%28b%29

[becxlt]

Hello guys. I?m new to Calguns and I have been trying to get some info on my situation. Basically I had a felony ?wobbler? case back in 2008-2009 and I recently filed a 17(b) and a 1203.4 . Do I have to get ahold of Cal DOJ for an updated record or does the court do it for me and if they do , Do I trust that they?ll do it right or at all?

do a live scan on yourself.https://img1.wsimg.com/blobby/go/527...=1616531806010

[tedw]

17B

Hello guys. I?m new to Calguns and I have been trying to get some info on my situation. Basically I had a felony ?wobbler? case back in 2008-2009 and I recently filed a 17(b) and a 1203.4 . Do I have to get ahold of Cal DOJ for an updated record or does the court do it for me and if they do , Do I trust that they?ll do it right or at all?

Really a 1203.4 does not do much for you. It will not restore your gun rights. You will need a Department of Justice printout for the court. You can do it pro se if you know how to file the paperwork and are comfortable representing yourself in court. For 1 wobbler you can find an attorney willing to do it fairly reasonable.

Although a 17B will restore your gun rights, chances are you will not be able to get a concealed carry permit. Law enforcement generally frowns on having had a felony, no matter how old it is. If they had their way, there would be no 17B reductions. Since California has no open carry and you likely will be unable to get a CCW, it means you will only be able to defend yourself at home. You can carry a gun in a locked case in your car but how useful is that?

[tedw]

BTW, the California Courts do not go by your FBI rap sheet, they go by the Ca
Department of Justice records.

[SkyHawk]

If you have never been arrested for anything else in CA or any other state, wait 30 days and then try to buy a gun. Be sure and buy from somewhere that has no re-stock fees (which usually means buying from a big-box store like BassPro, Turners, Sportsmans Warehouse). And/or you can try buying something cheap (but valuable!) like an Anderson AR lower.

To answer your question, the court where you got the 17(b) should update DOJ immediately after it is granted.

In any case, you should have CERTIFIED/EXEMPLIFIED copies of the 17(b). Get them tomorrow from the court clerk if you don't have them. Get several copies, keep one for yourself always and in a safe place. If you ever move out of state, you will need it.

I suggest that no matter what happens in CA, you should request your FBI rap sheet in 4-6 months. If you see any inaccuracy related to this conviction, such as the disposition is not there, or the 17(b) order is not there (it does not show as misdemeanor), then you need to dispute it and get it cleared up.

https://le.fbi.gov/informational-tools/identity-history-summary-checks

[Cactus_Tim]

Start here: https://oag.ca.gov/fingerprints/record-review
Check your record for accuracy and completeness.
It has instructions for updating your record if you want to challenge the contents of your criminal record.


You may also submit this form for an eligibility check: https://oag.ca.gov/sites/all/files/a...ms/pfecapp.pdf

[RickD427]

If you had a public defender appointed by the County in your old case you should contact them about filing a motion to expunge the conviction. Many public defender's offices are doing that for their prior clients, even clients from decades ago.

Wobbler felonies are generally easier to expunge than straight felonies, in my experience. YMMV.

Please keep in mind that an expunged conviction does not restore your firearms rights. If you were a prohibited person before the expungment, you remain a prohibited person after the expungment.

Please note the following text from California's expungment statute (quoted from PC 1203.4):

"Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have custody or control of a firearm or to prevent conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6."

[BigPimping]

^^^^^^^^
This is the answer.

[scottmac2000]

Op, 17b reduces it to a misdemeanor for all purposes. 1203.4 dismisses the that misdemeanor. While I agree with Tedw about not getting a ccw, the reason would be not enough time since the offence(s). I have had a couple of felonies from the late 1980's reduced per 17b. For the last 30 years, I have had what one would call excellent moral character. Not even a traffic ticket in the last 12 years. I would expect to not be denied a ccw.
Neither one of my reductions were listed in my doj rap sheet. I had to fill out a form that comes with the requested rap sheet, wait about six months, and receive a new revised rap sheet showing the reductions.

[GonzHuntin129]

Thank u all for ur insight and quick replies of info.

Quick update.

The court screwed up or the judge did. I initially asked for just a 17 B to be filed on my felony, but the public defender talked me into simultaneously putting in for the 1203.4 with the 17 B. Well apparently the judge only seen the 1203.4, and granted it for dismissal, but never granted the 17 B but thank God I did not DROS yet. I just went back to court and re-filed the 17 B and had the public defender. Write a note on the front for the judge to see. So hopefully that makes a difference. They really make it hard for us guys who have changed our lives for the better or made a very small mistake as a youngster to get our second amendment right back

[Flouncer]

Posting your specific law situation on a public forum is not considered by most to be a very smart plan. My suggestion would be to delete this post and contact a firearms lawyer who can correctly answer your questions.

Firearms lawyers don?t post specific answers on public forums.

I am not a lawyer.

Why ? Look at all the information that is provided now regarding the law and its application.

[GonzHuntin129]

Another update

I finally got my paperwork back from the court sayin they granted me the 17(b) along with the 1203.4. So how long before I should DROS.