People v. Allen CA4/1

INTRODUCTION

Douglas Daniel Allen appeals from a post-judgment order denying his petition to

seal and destroy his arrest record. He contends the court erred in determining there was

probable cause to believe he committed the offense for which he was arrested. We

disagree and affirm the judgment.

BACKGROUND

In 2009, Allen was convicted of a misdemeanor charge of willfully discharging a

firearm in a negligent manner. (Pen. Code, § 246.3, subd. (a).)1 The conviction

prohibited Allen from owning or purchasing a firearm for a period of 10 years.

On September 12, 2012, Allen completed paperwork for the purchase of a firearm

from a gun store. Allen signed the "Dealer's Record of Sale of Firearm" (DROS) form

under penalty of perjury, certifying he had not been convicted of any misdemeanor

offense specified in section 12021, subdivision (c)(1), in the last 10 years. In addition,

Allen certified he had "read the list of prohibited offenses, and nothing would preclude

me from possessing a firearm."

On September 17, 2012, during the firearm purchase waiting period, the California

Department of Justice (DOJ) sent a letter to the gun store indicating Allen was not

eligible…