Redding Expungement

Firearm rights restoration in Redding and Shasta County

A past conviction can take away the right to own a firearm, sometimes for 10 years and sometimes for life. In some cases California law offers a way to get that right back. Which path fits, if any, depends on the exact conviction, when it happened, and federal law.

Important: if you may be prohibited, don’t own, possess, or buy a firearm or ammunition while you look into this. Possession by a prohibited person is a separate crime under both state and federal law, and California runs background checks on ammunition purchases too.

Why an expungement alone doesn’t restore gun rights

A PC 1203.4 dismissal releases you from most penalties of a conviction, but the statute specifically says it does not allow you to own or possess a firearm if you are otherwise prohibited (Penal Code 1203.4(a)(2)). The same is generally true of the other dismissal statutes, and a Prop 47 reduction also expressly does not restore firearm rights (PC 1170.18(k)). An expungement is still worth getting for jobs and licenses, but on its own it won’t change your firearm status.

Paths that may restore California firearm rights

1. Reducing a felony to a misdemeanor (PC 17(b))

If your felony was a “wobbler” and you were granted probation, the judge may reduce it to a misdemeanor. A reduced offense is a misdemeanor “for all purposes,” and California courts have held that it no longer counts as a felony under the state’s felon-in-possession law (People v. Gilbreth (2007) 156 Cal.App.4th 53). The reduction is up to the judge and isn’t available for straight felonies or, generally, after a state prison or felony county-jail sentence. See how a 17(b) reduction works.

A reduction may not be enough by itself, because:

2. A court petition for relief from a 10-year misdemeanor ban

California allows a one-time petition for relief from the 10-year ban in two narrow situations. Under PC 29860, if your offense was added to the 10-year list after you were convicted, you may ask the sentencing court to reduce or end the ban. Under PC 29855, certain peace officers whose job depends on carrying a firearm may petition for relief from a ban based on PC 273.5, 273.6, or 646.9. In both, the court must find, among other things, that you are likely to use a firearm safely and lawfully, aren’t in another prohibited group, and have no earlier 10-year-list conviction. Relief is up to the judge, and it does not remove a federal ban.

3. A certificate of rehabilitation and a Governor’s pardon

For many felony convictions, including some prison sentences, a person who has lived in California for several years without new trouble may petition the Superior Court for a certificate of rehabilitation (PC 4852.01 and following). A certificate does not restore firearm rights on its own, but when granted it is forwarded to the Governor as an application for a pardon. A Governor’s pardon may expressly restore the right to own firearms, except that it can’t if you were ever convicted of a felony involving the use of a dangerous weapon (PC 4854). You can also apply to the Governor directly. Pardons are discretionary, uncommon, and often take years.

4. Time-limited bans that end on their own

Some prohibitions expire: the 10-year misdemeanor ban, a probation condition, a restraining order, or the ban for some juvenile cases at age 30 (see below). Mental-health-related prohibitions have their own rules and petitions (Welfare and Institutions Code 8100 and 8103). Before you buy a firearm, the California DOJ offers a Personal Firearms Eligibility Check so you can confirm your state status first.

Federal law is separate

Even if your California rights come back, federal law has its own bans, and state relief doesn’t always fix them.

Juvenile cases

A juvenile adjudication isn’t a criminal conviction in California, but some still affect firearm rights. A person made a ward of the juvenile court for certain serious offenses, or for offenses on the 10-year misdemeanor list, can’t own or possess a firearm until age 30 (PC 29820). Sealing a juvenile record may not end that ban, so ask before you assume it’s gone. Cases transferred to adult court are treated as adult convictions.

How we can help

We don’t promise any result, and we can’t tell you it’s safe to possess a firearm until the law and your records support it. Fees for firearm rights work are quoted in writing after a free review.

Common questions

I got my conviction expunged. Can I own a gun now?

Not because of the expungement. A PC 1203.4 dismissal specifically does not restore firearm rights. Whether you can own a firearm depends on what the conviction was and whether another option, such as a felony reduction or a pardon, applies.

My felony was reduced to a misdemeanor. Can I have a firearm?

Possibly, but check first. A 17(b) reduction may restore California rights, but many misdemeanors carry their own 10-year or lifetime ban, and domestic violence convictions carry a federal lifetime ban.

How long does a pardon take?

Often years, and a pardon is up to the Governor. A certificate of rehabilitation from the court is usually the first step for people who qualify.

My conviction is from another state. Can you help?

Usually relief has to come from the state where the conviction happened. We practice California law, so we can tell you how a California case affects you and may be able to point you in the right direction for others.

Want to know which options may fit your case? Send a few general details through the short form and we’ll review it for free and reply by email. Prefer to talk? Book a free 15-minute call.

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Email info@reddingexpungement.com or call/text (530) 338-1140. Please keep it general and don’t send confidential details yet.

This page is attorney advertising and general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it or contacting us does not create an attorney-client relationship.

Related: Expungement services · Firearm rights restoration · PC 1203.4 eligibility · Felony reduction (17b) · Prop 47 · Arrest sealing · Shasta County process · FAQ