Expungement is a legal tool that can clear a person’s criminal record, offering a fresh start. Many people seek expungement not only for employment opportunities but also to regain rights they lost due to a conviction. One significant concern is whether expungement can help in restoring gun ownership rights.
Effects of expungement on firearm rights
Expungement can offer some relief, but it does not automatically restore gun ownership rights. California law restricts firearm possession for individuals with certain convictions, even if those convictions are later expunged. For felonies and specific misdemeanor convictions, the person may still face a permanent firearms ban despite the expungement.
Eligibility for firearm rights restoration
The type of conviction plays a major role in eligibility. Some misdemeanor convictions that resulted in a temporary firearms ban may allow for rights restoration after expungement. For felony convictions, an expungement alone will not restore firearm rights. Individuals must often seek a reduction of the felony to a misdemeanor through a legal process called Penal Code 17(b) before petitioning for firearm rights restoration.
Additional steps for firearm rights restoration
To fully regain firearm rights, expungement is often just one part of a multi-step legal process. Individuals may need to obtain a Certificate of Rehabilitation or even a pardon from the governor. This process depends on the conviction’s details and whether the person has completed probation successfully. Consulting an attorney can help determine which steps are needed to restore firearm rights.
Understanding the limitations
While expungement helps reduce the negative impacts of a criminal record, it does not guarantee the restoration of gun rights. Each case is unique, and anyone seeking expungement to regain firearm rights should understand the legal requirements and limitations. Speaking with a qualified attorney can provide guidance tailored to the specifics of the case.
Navigating the expungement process and attempting to restore firearm rights can be complex. Professional legal support can help individuals understand their options and take the right steps to achieve their goals.