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Posted: 4/8/2017 6:05:12 PM EDT
Hey guys, former Californian here.  Long story short, something stupid I in California did many years ago has come back to bite me in the butt, and I need to have it expunged from my record there.  I've learned that this is possible and relatively simple, but I would like to consult and/or employ a Los Angeles County-based lawyer, because I now live out of state.

Do you guys have any suggestions?  It's not a life-ending situation, rather just an inconvenience, so I just need somebody inexpensive who can do legwork for me in LA county.  Being knowledgeable about California firearm law would be a yuuuge plus.

If you're interested in the circumstances or discussion, I made a thread in GD:
http://www.ar15.com/forums/t_1_5/1980021_NICS-Background-Check-Denied--Now-What---Update-in-OP--I-m-a-felon--.html

tl;dr I currently live in Oregon, previously committed a misdemeanor in California, and now Washington state has treated me a felon for the crime that I committed in California.  I never committed a crime in Washington.

Thanks!
Link Posted: 4/8/2017 10:30:49 PM EDT
[#1]
Just curious, but if you live in Oregon why we're you trying to purchase a gun in Washington? And if Oregon doesn't have an issue with you buying guns, and someone in Washington (individual or dealer) has something you want, wouldn't it be cheaper, easier, and faster to just have it sent to a more local dealer in Oregon?

There are also crimes that can get expunged from your record but don't exactly leave your record. I also had an acquaintance who got a notation of DV on his name when neighbors called the police when he and the Mrs we're arguing loudly . He was barred from owning a gun but without a charge there was nothing to get expunged. If I remember right it would have required a special order from a judge to get it removed from his record. So before coughing up money you may want to make sure your end result will get the end goal you want and without telling us more, only you can determine if it will.
Link Posted: 4/9/2017 7:04:04 PM EDT
[#2]
Expungement doesn't really mean much anymore regardless of where you are, it seems.  The records never go away and it seems like for a number of intents and purposes you're still seen as a criminal, even if you had the record expunged, or had the charges dismissed after the fact.  Electronic records and the Internet make this situation even worse.  There seems to be no true clearing of your name anymore in this country.

If it's a misdemeanour, you can file a PC1203.4 motion to dismiss and expunge, and I believe through that you can also get a reduction to an infraction prior to dismissal; this assumes you plead nolo contendere; I'm not sure you're eligible if your plea was entered as guilty or if you were convicted at trial, bench or jury.  But you need to consult a lawyer, certainly, to find out what exactly is what and whether that would even help you in Washington (and you might need to consult a Washington lawyer for that, or at least someone familiar with WA law).

I'd recommend my lawyer, but he doesn't usually do post-conviction work, which is interesting since his firm does a lot of gun rights and defence against CA gun laws type work.
Link Posted: 4/9/2017 11:53:29 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Just curious, but if you live in Oregon why we're you trying to purchase a gun in Washington? And if Oregon doesn't have an issue with you buying guns, and someone in Washington (individual or dealer) has something you want, wouldn't it be cheaper, easier, and faster to just have it sent to a more local dealer in Oregon?
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Just curious, but if you live in Oregon why we're you trying to purchase a gun in Washington? And if Oregon doesn't have an issue with you buying guns, and someone in Washington (individual or dealer) has something you want, wouldn't it be cheaper, easier, and faster to just have it sent to a more local dealer in Oregon?
It was just a 20 minute drive over the state line, and the shop in Vancouver had what I wanted.  It's the first time I ever tried to purchase a gun in Washington, normally I do have things transferred to my guy here in Oregon.  In this one case, it cost a lot less in gas money to drive up there and get it, instead of pay a second $30 transfer + $40 shipping to move it across the border to another FFL.

Of course if I'd known what would happen, that's exactly what I would have done.

Quoted:
If it's a misdemeanour, you can file a PC1203.4 motion to dismiss and expunge, and I believe through that you can also get a reduction to an infraction prior to dismissal; this assumes you plead nolo contendere; I'm not sure you're eligible if your plea was entered as guilty or if you were convicted at trial, bench or jury.  But you need to consult a lawyer, certainly, to find out what exactly is what and whether that would even help you in Washington (and you might need to consult a Washington lawyer for that, or at least someone familiar with WA law).

I'd recommend my lawyer, but he doesn't usually do post-conviction work, which is interesting since his firm does a lot of gun rights and defence against CA gun laws type work.
I do know that it's not really gone, but hopefully if the source is removed, I can request that my record, if any, be cleaned in Washington state as well, restoring my rights there.

That's what I was looking to do, yep.  I did plead no contest, and it was a misdemeanor with no jail sentence.

I'll just hang around here until I find the right lawyer, I don't want to cold-call 40 people when my case is uncritical.
Link Posted: 4/19/2017 9:29:55 AM EDT
[#4]
Getting your record expunged does not restore gun rights. Pleading nolo contendre (guilty) is about the worst advice I've heard (hey, this is the internet). You need to have your charges dismissed with no conviction.  For felonies/wobblers you need to do a penal code 17.b then have it dismissed. For misdemeanors there's a similar procedure to properly restore your gun rights. Good luck it can be done. -CB
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