Re: Does a 17(b) and 1203.4 reinstate my 2nd amendment right

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Well.....no help here!

On 11/05/07, Fred wrote:
> 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