Hey all, I need some advice on trying to get an old 243(e) misdemeanor off my record. I pled no contest a while back, but I wasn’t told this would affect my rights under the Lautenberg Amendment. Just learned about it recently and found new evidence that my accuser admitted to lying. I’m in California and completed all my probation stuff. Anyone know if I could have this removed?
I think you could try filing a Motion to Withdraw the Plea if you weren’t fully informed about the Lautenberg stuff. It’s like showing you didn’t know all the consequences. Anyone else tried this?
Adi said:
I think you could try filing a Motion to Withdraw the Plea if you weren’t fully informed about the Lautenberg stuff. It’s like showing you didn’t know all the consequences. Anyone else tried this?
That’s interesting! So if I show that I wasn’t fully aware, they might let me redo the plea?
Adi said:
I think you could try filing a Motion to Withdraw the Plea if you weren’t fully informed about the Lautenberg stuff. It’s like showing you didn’t know all the consequences. Anyone else tried this?
Yeah, but I think you might need strong proof. Maybe like a new Habeas Corpus thing if you can show rights were violated.
Have you thought about trying a Factual Innocence petition? If you have evidence she lied, you might be able to get that charge wiped.
Sage said:
Have you thought about trying a Factual Innocence petition? If you have evidence she lied, you might be able to get that charge wiped.
I was thinking about that too! Do you know if the burden of proof is super high for that?
Sage said:
Have you thought about trying a Factual Innocence petition? If you have evidence she lied, you might be able to get that charge wiped.
Yeah, it’s not easy, but if you’ve got solid evidence, like timestamps or messages, it’s worth a shot.
Just went through expungement myself, but be aware it might not fully restore all rights. Lautenberg might still apply, but it’s still better than nothing!
Ariel said:
Just went through expungement myself, but be aware it might not fully restore all rights. Lautenberg might still apply, but it’s still better than nothing!
Yeah, I read something similar. Even with expungement, that gun ban thing might stick because it’s federal.
Ariel said:
Just went through expungement myself, but be aware it might not fully restore all rights. Lautenberg might still apply, but it’s still better than nothing!
True. Expungement helps in other ways though, like moving on with jobs, etc. But Lautenberg is a federal block.
Also, not all 243(e) charges are domestic violence-related. Did they specify it as that for you?
Rin said:
Also, not all 243(e) charges are domestic violence-related. Did they specify it as that for you?
Yeah, it was listed as domestic violence, unfortunately.
Rin said:
Also, not all 243(e) charges are domestic violence-related. Did they specify it as that for you?
Ouch. Then Lautenberg will likely apply unless you get a full removal or innocence ruling.
Have you checked if your case qualifies for expungement under California law? Might need probation done and no other issues.
Tory said:
Have you checked if your case qualifies for expungement under California law? Might need probation done and no other issues.
Yeah, I’ve finished probation and was told they’d recommend expungement. Just hoping it removes as much as possible.
Tory said:
Have you checked if your case qualifies for expungement under California law? Might need probation done and no other issues.
In that case, go for it. If nothing else, it should clear some restrictions, but Lautenberg is tricky.