CA...Regaining rights

[Frightener 88]

Hey, I have a friend back in the PRK who got hit with a drug charge when he was 18, now hes 31. he is interested in getting his rights restored. Heres the thing. his record was expunged and he has all of his rights back with exception to the 2a. he can vote, he works in the medical field. hes been on the up and up for a long time, but has no idea where to start in regaurd to having his right to own firearms restored. any and all info would be helpful. thank you.

 

[Quiet]

Step 1. Consult a CA criminal defense lawyer.
Step 2. Spends lots of money on legal fees.

 

[billwiese]

Some drug charges and other nonviolent felonies can be disposed of with a 17(b) motion. Quite a few kids who did a prank that ended up as a felony drug, burglary or vandalism charge have been able to wipe them from their record thru this. 2nd strikes etc may cause problems but if it's one nonviolent state felony, he has a chance - esp as it's expunged.

Get a lawyer familiar with this. I'd think it'll cost $1K - $2K.


Bill Wiese
San Jose CA

 

[Frightener 88]

Thanks guys, ill let him know. and if anyone else has any input or experience with this let me know. i really appreciate it.

 

[Leatherneck]

Assuming he's successful in regaining his rights, don't forget to ask the lawyer how to respond to the 4473 question: "Have you ever been convicted, etc". Lying on a 4473 is a felony in and of itself.

TC

 

[DKSuddeth]

nobody in PRK has a 2nd Amendment right, in fact, nobody in the 9th circuit has it at all yet.

 

[Frightener 88]

my apologies dk...i need info on how he may regain his ability to own firearms.

 

[DKSuddeth]

no apology necessary sir. I wasn't trying to be picky or disrespectful. just venting a bit about the 9th is all.