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

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You need a CA laywer to sort this out.
Although Cal Pen Code § 1203.4 permits the court to dismiss an
old conviction and enter a judgment of not guilty, it is not a
complete exoneration for all collateral purposes.

The last sentences of 1203.4 reads as follows:

"The order shall state, and the
probationer shall be informed,
that the order does not relieve
him or her of the obligation to
disclose the conviction in response
to any direct question contained in
any questionnaire or application for
public office, for licensure by any
state or local agency, or for contracting
with the California State Lottery."

"Dismissal of an accusation or information
pursuant to this section does not permit
a person to own, possess, or have in his
or her custody or control any firearm or
prevent his or her conviction under
Section 12021."

Looks like a 1203.4 dismissal may not restore your right to own
a firearm, at least in CA. You need to have a lawyer look into
this for you.

On 11/08/07, asgood asanyone wrote:
> 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