Can a felon own a gun in California after expungement?
Asked by: Dr. Durward Reichert | Last update: April 4, 2025Score: 4.7/5 (51 votes)
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.
Can I own a gun with an expunged felony in California?
Reminder, many people think that an Expungement will restore your firearm rights in California. This is not true. An Expungement changes your case from a Conviction to a Dismissal. It does not restore your firearm rights.
How long after a felony can you buy a gun in California?
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
Can a felon get his gun rights back in California?
There are two basic ways to have gun rights restored after an eligible conviction: by having a “wobbler” felony reduced to a misdemeanor, or. by receiving a pardon from the California governor.
Do felonies go away after 7 years in California?
Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.
Can a Sealed or Expunged Record Affect Your Gun Rights?
How far back does a felony background check go in California?
In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.
What is the new law in California for expungement?
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions.
Can my wife own a gun if I'm a felon in California?
So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.
How far back does a gun background check go in California?
The state began saving data about firearm purchases in 2014 for long guns and 1990 for handguns, so if your last purchase was before then, you are not in the state's database. To get into the database, you can register a firearm using this form, which costs $19.
What states restore gun rights to felons?
- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.
What guns can a felon own?
Generally, no, you cannot own or possess a firearm if you have been convicted of a felony. Federal law imposes strict bans on gun ownership for individuals with felony convictions, including those related to domestic violence. This applies even if you have just been charged with a felony and not yet convicted.
What is the gun show loophole?
The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subjecting purchasers to background checks".
How much does it cost to restore your gun rights?
Gun rights restoration services start as low as $750, depending on the state in which your record occurred. We understand that cost is an important factor in choosing an attorney and we strive to keep our prices fair to our clients.
What kind of weapons can a felon have in California?
Convicted felons cannot carry pepper spray or tear gas-type weapons, and you cannot carry any TASER-type weapons. After you are off parole, you can carry a folding knife in your pocket or a fixed-blade knife in a sheath in plain sight (open carry). You can also apply to have your rights restored.
How to get a felony removed from your record in California?
- Step 1: Get an experienced attorney.
- Step 2: Get and complete the necessary forms.
- Step 3: File for expungement.
- Step 4: Prepare for your hearing by meeting with your attorney.
- Step 5: Your court hearing.
- Step 6: What happens next. If the Court grants your petition:
Can the ATF restore gun rights?
925(c), you can apply to the Bureau of Alcohol, Tobacco & Firearms to restore your gun rights. And if your application is denied, then you can seek judicial review in federal court. But since 1992, Congress barred ATF from spending money to review and investigate a felon's application to restore gun rights.
Will my expunged record show up on a live scan in California?
A: For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons.
What is the 7 year rule for criminal background checks in California?
The FCRA includes a seven-year rule that prohibits background check companies from reporting certain types of adverse information that is older than seven years when the position the applicant has applied for pays a salary of less than $75,000 per year, which will be explained below.
What is the new gun law in California in 2024?
Requires any person in possession of an unserialized firearm to apply to the Department of Justice for a unique mark of identification before January 1, 2024. The possession or transfer of a firearm without a serial number or mark of identification will be prohibited.
Can I own a gun if my boyfriend is a felon?
People whose partners are convicted felons can legally purchase and own a firearm. You cannot and should not be punished for your spouse's mistakes. Even if you were married to your spouse at the time they committed the crime that led to their conviction, you are still legally allowed to own a gun.
What happens if you marry a felon?
The convicted felon can use his or her own conviction and imprisonment to obtain a divorce. Another implication of marriage to a felon is the extent to which the fact of the conviction can become an issue in child custody proceedings.
Can a felon live in a house with a gun in California?
Having a Gun & Living With a Felon
If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe. Plus a prosecutor may try to charge you with aiding and abetting a felon to obtain a firearm.
Will an expungement show on background check in California?
While an expunged conviction will still show up on background checks, it will also show that it has been dismissed, which can improve your chances of employment or housing.
Can you become a police officer with an expunged felony in California?
Under Government Code section 1029, a person who has been convicted of a felony cannot become a police officer in California. However, if you have been convicted of a felony, it may be possible to reduce that felony to a misdemeanor, and then have the misdemeanor expunged. Contact our office for more information.
Do I have to disclose an expunged felony in California?
If Employers ask if you have ever been convicted of a crime, you can respond with "NO". On questions from Government Licensing Applications, if you are asked if you have ever been convicted of a crime, you should disclose the expunged case but can tell them it has been dismissed and set aside.