Can I clear a felony conviction for carrying weapons in my truck? 6 Answers as of January 11, 2012

The conviction was in CA. I live in TX. I was convicted of carrying weapons, guns, silencers in my truck. It was stupid, I know, but I carried them just because I liked them. It was about 20 years ago. I have a clean record except for that. Can I get this cleared or ever own a rife?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a felony weapons offense. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for. After you obtain an expungement there is a further procedure that an attorney can tell you about.
Answer Applies to: California
Replied: 1/11/2012
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
You would almost certainly need a governor's pardon which is nearly impossible because they are generally only given in California for political reasons.
Answer Applies to: California
Replied: 1/11/2012
Bonilla Cintean, LLP
Bonilla Cintean, LLP | Alin Cintean
It is possible however it is very difficult. If you were granted probation you first need to apply and be granted an expungement under California Penal Code section 1203.4. If you went to prison, you cannot obtain an expungement and can skip to the next requirement, a Certificate of Rehabilitation. You then need to obtain a Certificate of Rehabilitation from a California court. The Certificate of Rehabilitation will act as an automatic petition for pardon to the governor's office. Your right to own a firearm can only be reinstated upon the granting of a pardon by the governor. Unfortunately there is a requirement of California residency for the 5 years prior to the application for the Certificate of Rehabilitation.
Answer Applies to: California
Replied: 1/11/2012
Hammerschmidt Broughton Law | Mark A. Broughton
Yes, you can get your conviction "expunged," but you have to do it in the county/court in which you were originally convicted. Consult with a criminal defense attorney in that area to assist you. Good luck!
Answer Applies to: California
Replied: 1/11/2012
Rizio & Nelson
Rizio & Nelson | John W. Bussman
You might be eligible to expunge the old conviction, but it's hard to say for sure without asking you a few more questions.
Answer Applies to: California
Replied: 1/11/2012
Attorney at Law | Dorinda Ohnstad
You can file a motion pursuant to 17B to reduce to a misdemeanor and a motionto expunge your record pursuant to Penal Code Section 1203.4. In some counties the criminal clerk will have the instructions on how to do this (although they can't give legal advice) or you can hire an attorney to do the motion for you.
Answer Applies to: California
Replied: 1/11/2012
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