Q: In 1997 & 1998 I was convicted of H&S 11350 simple possession...I did about 45 days in county jail and was released.
After being released from county jail I completed my probation and paid all fees. Since then I had no other contact with law enforcement or criminal matters. In 2015 I had one of the cases reduced via 17b but the case was not expunged. In July of 2022, I returned to court and successfully had that first case expunged via a 1203.4 motion. Later that same year, in November of 2022, I went back to court and addressed the second pending case and had that case successfully reduced via a 17b motion and expunged via 1203.4 motion at the time. My question is now that I have had both felony convictions reduced via 17b motions and expunged via 1203.4 motions...are or have my gun rights been restored?
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A:
Under California law, having a felony conviction reduced to a misdemeanor under Penal Code section 17(b) and subsequently expunged under Penal Code section 1203.4 can indeed impact your gun rights. However, it's important to understand the specific nuances of how these legal actions interact with firearms restrictions.
When a felony is reduced to a misdemeanor under section 17(b), it generally means that for most purposes, the conviction is now treated as a misdemeanor. However, this does not automatically restore firearm rights. The expungement under section 1203.4 does not restore gun rights either. In California, expungement does not erase the conviction but rather releases you from some of the disabilities and penalties that result from the conviction.
For the restoration of gun rights, additional steps may be necessary. In some cases, you may need to file a petition to restore your gun rights explicitly, especially if the original felony was a charge that involved the use of a firearm or was a serious or violent felony.
It's advisable to consult with an attorney to understand your specific situation better and to explore the possibility of restoring your gun rights. They can provide guidance tailored to your individual circumstances and the details of your previous convictions.
Remember, the restoration of gun rights is a complex area of law, and each case has its unique aspects that must be carefully considered.
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