Criminal Law Question: Will Expunging My Felony Conviction Restore My Gun Rights?
Answer:
In general, if you were sentenced to probation instead of prison, then you can petition the court to reduce your felony conviction to a misdemeanor under Penal Code section 17(b). If the court grants your petition, you can then expunge it. See Penal Code 1203.4(a)(1). Once your conviction has been reduced to a misdemeanor, you are no longer susceptible to the charge of being a convicted felon in possession of a firearm. See California Penal Code section 29800(a)(1). In other words, your firearm rights would be restored.
Continue reading criminal defense attorney Michael J. Ocampo’s answer to this question “I am getting my felony 496 dismissed after 7 years. I have no previous nor prior record. Will my gun rights be restored?” at Avvo.com.
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
