DNA Expungement and Restoring Firearm Rights Under Prop 47

DNA Expungement and Restoring Firearm Rights Under Prop 47

November 17, 2014  •  Jerod Gunsberg, Los Angeles Criminal Defense Lawyer

DNA Expungement and Restoring Firearm Rights Under Prop 47 - Law Offices of Jerod GunsbergAs you are likely aware, California’s new Proposition 47 reclassifies 9 felonies to misdemeanors. People convicted of one of these felonies may qualify to have their charges reduced to a misdemeanor. In addition, these same people may also qualify to have their DNA expunged from the California Department of Justice database. However, for firearm rights, things aren’t quite as simple.

DNA EXPUNGEMENT UNDER PROP 47

If you or a loved one were convicted of a felony, a DNA sample was taken with a cotton swab from the inside of the cheek. The DNA sample was cataloged and stored in a database maintained by the California Department of Justice.  Under Prop 47, you may also be eligible for getting your DNA sample destroyed and expunged from the California database. A lawyer can assist you in doing this. After all, it’s your DNA. Why should it be in a state controlled database?

PROP 47 DOES NOT RESTORE FIREARM RIGHTS

The situation for restoring firearm rights under Prop 47 is not as favorable. A Prop 47 reduction from a felony to a misdemeanor will not restore your firearm rights. In order to restore your firearm rights, you will first need to reduce your felony to a misdemeanor for all purposes under Penal Code 17b, not Prop 47. After that, you will need to make sure that:

  • You have no other felony convictions or registration requirements that disqualify you from firearm possession in California law. This includes other misdemeanors that may carry a ten year prohibition on owning or possessing firearms.
  • That you are eligible to have your firearms rights restored under federal law. This is not always easy to assess. Federal eligibility is especially difficult to assess if you have been convicted of a domestic violence or drug related offense. Tread carefully. Contact an attorney experienced with restoration of federal firearm rights and make no assumptions that you are entitled to a firearm under federal law simply because your California state convictions are reduced to misdemeanors.

If you or a loved one need assistance with any Prop 47 issue, DNA expungement or have questions about restoration of firearm rights, do not hesitate to get in touch with The Law Offices of Jerod Gunsberg at 323-633-3423 or via this confidential contact form.

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1 Comment

  1. Don Charles McGovern
    July 2, 2017

    My question is I had a couple of low level petty theft convictions resulting in the last one turning into a “Warbler” Felony. My petty theft offense were probably under twenty five dollars. The last one that turned into The Felony warbler was because I stepped out the front door with a sandwich and soda in a Burbank market.

    There is no excuse from my Bombastic behavior ,but let me explain.

    My mother was in critical condition in the Hospital and I made the regretful decision to let the doctors take her off life support and she died. I could not forgive myself and ended up not being able to work and as a result, ( I am not a good Criminal)I took food or some ridiculous lowest of level item like a tooth brush or soap, etc. I was basically living in my car and was forced to do these idiotic Lowest of levels petty thefts…………………..embarrassing!

    It has been about six or seven year since I received the misdemeanor (Sandwich and soda) that turned into the felony Warbler.

    I want to erase this warbler Felony and restore my right to own firearms.

    How much would it cost and how long it will take to accomplish this.

    (Oh, by the way I am Sixty one now if that plays into this at all)

    Thank You ,
    Don Charles McGovern

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