This is one of the most common questions we get — and the answer is: it depends on the type of conviction. Expungement alone does NOT always restore gun rights. Here’s the full picture.
When Expungement DOES Restore Gun Rights
Misdemeanor Convictions With 10-Year Prohibition
If your firearm prohibition is from a qualifying misdemeanor (assault, domestic violence, brandishing, etc.), the 10-year prohibition has a fixed expiration. Expungement doesn’t shorten the 10 years, but once the period expires, your rights are restored regardless.
Wobbler Felonies Reduced to Misdemeanors
This is the key scenario where the combination of reduction + expungement restores gun rights:
- Your felony is reduced to a misdemeanor under PC 17(b)
- Once reclassified as a misdemeanor, the felony firearms prohibition is lifted
- Expungement (PC 1203.4) then clears the conviction
This is the most common path to gun rights restoration for people with wobbler felony convictions.
When Expungement Does NOT Restore Gun Rights
Straight Felonies
If your conviction is a straight felony (not a wobbler), expungement: – Does clear the conviction for employment purposes ✅ – Does NOT restore gun rights ❌ – The lifetime federal firearms prohibition remains
For these cases, you need a Governor’s Pardon (via Certificate of Rehabilitation) to restore gun rights.
Federal Firearms Prohibitions
California expungement has no effect on federal firearms law. Under 18 U.S.C. § 922(g), convicted felons are prohibited from possessing firearms. However, California courts have held that a PC 17(b) reduction to misdemeanor removes the federal prohibition as well (for state convictions only).
Certain DV Misdemeanors
Under the federal Lautenberg Amendment, any misdemeanor domestic violence conviction triggers a lifetime federal firearms prohibition — regardless of expungement. California expungement does not remove this federal prohibition.
The Recommended Path
For most clients seeking gun rights restoration, the optimal approach is:
- PC 17(b) reduction (if felony wobbler) — This lifts the state firearms prohibition
- PC 1203.4 expungement — This clears the conviction for employment and other purposes
- Confirm restoration — Run a DROS eligibility check before attempting to purchase
How Superior Court Docs Can Help
Superior Court Docs handles both the reduction and expungement petitions as a combined package, giving you the best chance at full rights restoration.
📞 (213) 973-7248 or get started.
Related: Complete Gun Rights Restoration Guide | Eligibility Guide | Complete Expungement Guide
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