For many gun owners, conviction-related restrictions related to possession or ownership can continue long after a sentence has been completed, making it difficult to move forward with everyday activities like hunting, personal protection and employment opportunities.
Post-conviction relief offers legal avenues that may reduce the lasting impact of a conviction. While every case is different and eligibility depends on state and federal law, understanding your available options is the first step toward protecting your future.
1. Determine whether you qualify for record clearing
California offers several forms of post-conviction relief, but each has a different purpose. The best option depends on the type of conviction, your sentence and your criminal history. You may qualify for relief such as:
- A petition to dismiss a conviction
- A Certificate of Rehabilitation
- A petition for a writ of habeas corpus in appropriate cases
One important point to remember is that an expungement does not restore firearm rights in California by itself. While it may improve employment opportunities and provide other benefits, firearm restrictions generally remain in place.
2. Explore whether you can restore your firearm rights
Restoring firearm rights in California is a separate legal process from clearing a criminal record.
Depending on the unique markings of your case, potential avenues may include:
- Reducing a qualifying felony to a misdemeanor for wobbler offense
- Applying for a Certificate of Rehabilitation when eligible
- Seeking a Governor’s pardon
- Challenging an unlawful conviction through post-conviction proceedings
Even if California restores certain rights, federal firearm laws may still apply. For that reason, it is important to evaluate both state and federal restrictions with the help of a legal professional before attempting to purchase or possess a firearm if you have ever been subject to gun-related possession or ownership restrictions as a result of a criminal convication.