Rancho Santa Margarita, CA asked in Criminal Law for California

Q: Can I get my motion to unseal the probable cause supported by case law?

I got a felony drug charge in my early twenties. I waited seventeen years and went back to the court and showed them everything I’ve done with my life and was granted relief. Twenty six years later they come take my guns and charge me with felony with firearms. There was no crime or event that brought them. They sealed warrant and probable cause with HOBBS. I don’t know why they came .

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1 Lawyer Answer
David Stephen Kestenbaum
David Stephen Kestenbaum
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: I am not sure what relief you obtained (Certificate of Rehabilitation or Pardon) but it obviously didn't restore your gun rights! If you just received a Dismissal pursuant to PC 1203.4, commonly referred mistakenly as an Expungement, it definitely didn't restore them.

Your attorney can file a Motion to Unseal the Affidavit in Support of the Search Warrant, but it may just be that you registered a gun, bought ammo or gone to a range. The California DOJ investigators go through those lists looking for "Prohibited Persons" who have firearms.

That being said, it has been years since your conviction and an experienced criminal defense attorney should be able to negotiate it down, especially if the drug was simply possessed as opposed to sales, or if it was Cannabis related.

Good luck!

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