Can I get an expungement so that I am eligible for a handgun in California? 5 Answers as of February 12, 2011

I am purchasing a handgun tomorrow and I noticed that one of the crimes preventing someone from passing a background check is assault and battery and I have these but they are from when I was 16 and I am now 22 my record has not been sealed. Will this prevent me from owning a pistol.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Any person convicted of assault cannot own a firearm for 10 years and an expungement won't change that. If your case was in the juvenile court it does not qualify as a conviction although there cold be some other bar to your possessing a firearm of which I am not aware.
Answer Applies to: California
Replied: 2/12/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Go to the juvenile court clerk. It should have been sealed. If so you can own a gun. If not get your PD or lawyer to get sealed. If you need more info call.
Answer Applies to: California
Replied: 2/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No, expungement does not restore firearm rights, if that was your question. Any felony and many violent misdemeanor convictions bar you for life from owning or possessing firearms and ammunition, under both state and federal law. So does a restraining order on your record. If you are uncertain, you should go to the firearms dealer and pay them to do a non purchase eligibility check on you. If DOJ says you cant buy a gun, that is the end of the trail for you. You can consider getting the conviction expunged. It would help in getting employment for the rest of your life. If youre serious about doing this, and you think you qualify, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 2/11/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
A Juvenile Law adjudication does not qualify as a conviction. You should seal your juvenile record as soon as possible. It is impossible to say what will happen when the gun shop runs your DROS. You never know what will be on your DOJ rap sheet or how things were recorded. Again, if you were prosecuted as a juvenile, the case did not result in a 'conviction'. I do not have the form in front of me, but I do not believe that you have to indicate juvenile adjudications on the application. The exception would be if you were convicted of a violent crime pursuant to Welfare and Institutions Code section 707(b) and were at least sixteen years old at the time of the offense. That type of conviction would follow you into adult life and would affect your record as an adult.
Answer Applies to: California
Replied: 2/11/2011
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