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Question 11i about Domestic Violence on 4473
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Please be careful with this advice. It's not true, at least with regard to California's expungment statute.I've always been told that if something is expunged/pardoned/etc, you are no longer required to answer "yes" to a question regarding that crime. So if he is excepted from the question, then he should be able to answer "no" and be truthful when signing the 4473 without having to back it up with paperwork.
Now, if the background check comes back negatory, then he would need to take that paperwork to the DoJ to get cleared again.
An expungment does not erase a criminal conviction. It only relieves the person of some consequences of their conviction. California' expungment statute specifically provides that the firearms prohibition is not relieved by an epungment. Please refer to the following language from Penal Code section 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."If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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