Be in the Know…
Incorrect court records are a problem in California especially for older cases. After so many years, courts actually purge their records so they may not have anything to prove the missing disposition of your criminal background. If you can find your old records, great! If not, our team of attorneys will work with investigators to track them down.
Unreported Dispositions are where a police department or court never reported that your case was closed. Having what looks like an open case, or one where the case determination was different than what is noted, can cause the Department of Justice to believe that you may have a conviction which prohibits your firearm rights. This is a common problem. A police department may forget to report that your case was a detention only or that the case was dropped. If this occurs, you have to complete an administrative review process with the department in question to change the disposition. If they refuse, you can sue the department to force an update. You can also challenge the incorrect record directly with the Department of Justice as a last resort.
Pardons and Certificates of Rehabilitation are only recommended for the purpose of gun rights restoration if you are not eligible for reduction. Most Governors do not issues these easily and it can take a long time to hear back from their office. Even if you successfully obtain a Certificate of Rehabilitation, the Governor must still grant the pardon to get your gun rights back. Do keep in mind, the Governor can grant a pardon that specifically does not restore your gun rights if he or she chooses.
Incorrect DOJ Records can be challenged. If it is verified that the submitting agencies have all submitted the information required for the records to be corrected, you can complete an administrative review process with the DOJ to request an update. If they refuse, you can sue to force an update.
Sometimes, even if the submitting agency record is not corrected, you can still submit a challenge directly to the Department of Justice. These requests usually take months to get through as we work with DOJ to correct various aspects of your record.
Administrative Hearing. If we have tried all other way of restoring your rights and you are not ready to file suit, we can file for an Administrative Hearing to contest DOJ not being willing to change your record. You should consult one of our rights restoration attorneys about this process.
