fatfreddiescat
03-05-2007, 03:26 PM
If a person SUCCESSFULLY applies for and is granted a 17b and 1203.4, which is signed by a judge in the original jurisdiction, approved by the local DA'S office, and a copy of the order sent to the DOJ does that open the door for that person to apply for and obtain a firearm permit to work in a security field position? Or even get a sworn position? Primarily in the State of CA, but alternatively, ANY State?
Just to be sure we're on the same page...
Wobblers- 17b
Criminal cases fall into three separate and distinct categories: felonies, which are punishable by more than one year in state prison; misdemeanors, which are punishable by up to one year in county jail; or “wobblers” – cases punishable by either state prison or county jail. If the defendant was not sentenced to state prison, the conviction can be reduced from a felony to a misdemeanor under California Penal Code Section 17 (b).
A qualified California criminal attorney can submit a written motion to the court to reduce a “wobbler” felony to a misdemeanor. If relief is granted, the crime is a misdemeanor “for all purposes,” with a few exceptions. The original conviction remains as a prior in any subsequent criminal action, meaning that if a person is arrested for a similar crime in the future, the punishment for that crime will be greater.
Expungement (1203.4)
Many convicted felons believe their criminal records will remain with them forever. However, there are several types of post-conviction relief available that reduce or eliminate the consequences of having a criminal record. One such option is expungement. A California attorney with experience clearing convictions can review each case to determine whether expungement is an option.
Only certain convictions can be expunged. Factors to consider are whether the offender was a juvenile or an adult; whether the conviction was for a misdemeanor or a felony; whether probation was granted; and whether a term in state prison was mandated.
If the petition to expunge the conviction is granted, the defendant is allowed to withdraw the previous plea of guilty or no contest and submit a plea of not guilty. If the defendant was found guilty by a jury, that judgment is set aside. Once an expungement is granted, the court will notify the Department of Justice, to ensure that that the petitioner obtains the full benefit of the dismissal.
Expungements will not be granted if the offender is currently serving a sentence for another crime, has a pending criminal charge, has a warrant for his or her arrest, or is still on probation for the conviction he or she wishes expunged. However, an experienced criminal defense lawyer can petition the court to terminate probation early so that a convicted felon can benefit from post-conviction relief.
In order to terminate probation early, the court must determine that the subject’s good conduct and reform justify the action, and that the interests of justice would be served by early termination. The driver’s attorney must submit a request to modify probation to the court where the original conviction took place. The court will not grant early termination of probation if all fines and restitution are not paid in full.
There are numerous benefits to expungement. Once convictions are expunged, job applicants are not required to reveal their criminal records. Even when a criminal conviction must be revealed, such as in licensing applications or jobs in the public sector, the criminal record will be updated to show that the conviction has been replaced by a dismissal.
NOW, is there an appropriate process to apply for a firearm to work in security or as a PI in CA, or for that matter, any state? Or what about applying for a 'dispatcher' or some such office position with my local police/sheriff agencies, or even some sworn positions with clearance? Remember, a Warden can 'sign in' on an override that will allow a person to work in the population!
Thanks in advance....
FFC
Just to be sure we're on the same page...
Wobblers- 17b
Criminal cases fall into three separate and distinct categories: felonies, which are punishable by more than one year in state prison; misdemeanors, which are punishable by up to one year in county jail; or “wobblers” – cases punishable by either state prison or county jail. If the defendant was not sentenced to state prison, the conviction can be reduced from a felony to a misdemeanor under California Penal Code Section 17 (b).
A qualified California criminal attorney can submit a written motion to the court to reduce a “wobbler” felony to a misdemeanor. If relief is granted, the crime is a misdemeanor “for all purposes,” with a few exceptions. The original conviction remains as a prior in any subsequent criminal action, meaning that if a person is arrested for a similar crime in the future, the punishment for that crime will be greater.
Expungement (1203.4)
Many convicted felons believe their criminal records will remain with them forever. However, there are several types of post-conviction relief available that reduce or eliminate the consequences of having a criminal record. One such option is expungement. A California attorney with experience clearing convictions can review each case to determine whether expungement is an option.
Only certain convictions can be expunged. Factors to consider are whether the offender was a juvenile or an adult; whether the conviction was for a misdemeanor or a felony; whether probation was granted; and whether a term in state prison was mandated.
If the petition to expunge the conviction is granted, the defendant is allowed to withdraw the previous plea of guilty or no contest and submit a plea of not guilty. If the defendant was found guilty by a jury, that judgment is set aside. Once an expungement is granted, the court will notify the Department of Justice, to ensure that that the petitioner obtains the full benefit of the dismissal.
Expungements will not be granted if the offender is currently serving a sentence for another crime, has a pending criminal charge, has a warrant for his or her arrest, or is still on probation for the conviction he or she wishes expunged. However, an experienced criminal defense lawyer can petition the court to terminate probation early so that a convicted felon can benefit from post-conviction relief.
In order to terminate probation early, the court must determine that the subject’s good conduct and reform justify the action, and that the interests of justice would be served by early termination. The driver’s attorney must submit a request to modify probation to the court where the original conviction took place. The court will not grant early termination of probation if all fines and restitution are not paid in full.
There are numerous benefits to expungement. Once convictions are expunged, job applicants are not required to reveal their criminal records. Even when a criminal conviction must be revealed, such as in licensing applications or jobs in the public sector, the criminal record will be updated to show that the conviction has been replaced by a dismissal.
NOW, is there an appropriate process to apply for a firearm to work in security or as a PI in CA, or for that matter, any state? Or what about applying for a 'dispatcher' or some such office position with my local police/sheriff agencies, or even some sworn positions with clearance? Remember, a Warden can 'sign in' on an override that will allow a person to work in the population!
Thanks in advance....
FFC