Re: CA PC 1203.4 and firearms prohibition??
Posted by j.b. on 8/30/05
Thanks, I did in fact get an expungement as I stated below. I am still trying to find a lawyer in California that can assist me. Thx, On 8/17/05, Ozarks Lawyer wrote: > > > You need to check with a California lawyer about that. I'm > going to going to look up out of state codes and research > the law in California. > > But if your conviction was set aside, then you aren't > convicted. So whatever problems that conviction caused > should go away. > > But you best make sure that's in fact what happened. I get > clients all the time telling me their conviction was > expunged, when in reality all they did was complete SIS > probation. > > P.S. I just dredged up this old thread as a diversion to the > tag team going on with W and T. > > > > On 8/10/05, j.b. wrote: >> Need information on how to acquire relief from the federal >> firearms prohibition and information of a CA attorney that >> is experienced on these types of cases. >> >> >> Here's my scenario, I was charged with misdemeanor >> domestic battery in 1999, after many months of pre-trial >> arguments I accepted to plea no-contest, but only after >> the prosecution offered me relief from the automatic 10- >> year firearms ban {I believe the relief is under CA Penal >> Code 12021(c)(2)}. I contacted the LA office of the ATF >> to verify that the state waiver was recognized in fed law >> and they assured me it was. I returned to court and >> accepted the deal and the court granted me the waiver. >> Well apparently ATF has recently decided that it would no >> longer honor the CA state waivers. I have since had my >> conviction dismissed/set-aside under PC 1203.4, but I am >> not sure if this will reinstate my right to possess a >> firearm. I have heard that a 1203.4 expungement does not >> restore the right to possess a firearm, but I believe that >> refers to the automatic 10-year ban imposed by the state. >> >> Does it matter that I was originally granted relief from >> the firearms prohibition by the state court? What other >> avenues do I have to pursue? >> >> I appreciate any info.
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