how to clear a felony/restore rights

[malayah]

i would like to know where i start to having my felony erased from record/sealed
calif

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by malayah:
i would like to know where i start to having my felony erased from record/sealed
calif<HR></BLOCKQUOTE>

My response:

After a certain number of years, you might be able to get your record "expunged", but that is extremely rare and difficult in California. What is an even a rarer occurrance in California is obtaining a Pardon.

Also, until one of those occurrences happen, if it happens at all, you won't be able to obtain your Constitutional rights as a citizen; e.g., to vote, own a gun, etc.

The following is from my 2000 Penal Code Book:

California Penal Code Section 4852.17.

"Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by
the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both.

Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other
citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon."

The "KEY" phrases from this code section are:

"Whenever a person is granted a full and unconditional pardon by the Governor . . ."

[The Governor rarely, if ever, pardons criminals - - but this is one way for a convict to get his rights restored in California. Without a pardon, no rights are ever restored, even after parole.]

and . . .

" . . . the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon."

[This part is self explanatory. It is important to remember that ending one's Parole doesn't mean he/she has been "Rehabilitated"; it only means that the person has completed his/her sentence of punishment. So, only a pardon will allow voting rights to resume, but only if there was no "use of a dangerous weapon." I have never heard of any of our past or present Governors in California ever having granted a pardon to a convicted drug user, dealer, manufacterer, or otherwise.]

[Ergo, a convicted felon in California, even after parole has ended, will not be able to vote, unless he/she has received a Governor's Pardon BASED UPON a certificate of Rehabilitation - which is also VERY RARE. A convict may receive a Certificate of Rehabilitation but, without a Pardon from the Governor, he/she can forget about voting or attaining any of the other rights, supra]

[Now, I'd love to continue our chat, but I have to go out and Vote, and then it's off to the gun store to pick up my .44 Magnum with the 12" barrel . . . ]

IAAL



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