Posted by Fred on 11/05/07

More | Report Post

I have an order, signed by a superior court judge, that is,
at least at first appearance, filled out incorrectly. After
the blah blah, 'seeking relief' etc, there are three check
boxes. Following the verbiage, " The Court finds that (me)
Mr so&so is: [ ] eligible for relief sought under 17 (b)
(UN-checked?) [X] eligible for relief sought under 1203.4
[x] the Court hereby declares the offense to be a
misdemeanor and permits the defendant to withdraw the
previously entered plea of guilty. A plea of not guilty is
hereby entered.

What does this mean? It looks the same as a 17B, but why
isn't the top box checked? If the court declares this
offense a misdemeanor (at the time of the offense (1971) it
WAS a felony) does that for all intent and purpose remove
the conviction from my record? (Therefore allowing me to
posess a firearm?) Is it different from a 17(b) in that I
had pled, and now the court is allowing me to withdraw the
plea?

I have an atty that filed all of the motion paperwork, and
it was like being in a carnival. The records had been lost.
Then found. Then after it was signed, the CLERK lost 'em
again. Then on and on....but I finally received these, and
the attorney stated that although the 17(b) box isn't
checked, that the verbiage would show that there had been
no feolny conviction, and that any misdemeanor for this
offense has been expunged.

Any thoughts? I am about to forward these docs to the DOJ,
and the records manager there said he would submit for
change, and it should be evident in about 3 weeks on the
DOJ files. I DON'T want to submit, however, if this isn't
the docs to give the same result as a 17(b) & 1203.4.

thanks for any help! Fred

Re: Does a 17(b) and 1203.4 reinstate my 2nd amendment right, 8/15/08, by Steve.

Second Amendment Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST