Does the court err by refusing to instruct the jury on a defense that relied on the expungement statute to their detriment?

The court did not err by not allowing the evidence in or refusing to instruct the jury on this theory. Appellant did not testify or present other evidence to support his argument that he relied on the expungement statute to his detriment. In fact, there is some evidence indicating that appellant was not even aware of the expungement statute: in response to the question immediately following the "arrested, convicted" question, appellant answered that he had not "been the beneficiary of a pardon, amnesty, rehabilitation decree, [or] other act of clemency or similar action." A trial court is obligated to instruct the jury on a defense theory "only if the evidence sufficiently supports the theory." United States v. Aguilar, 883 F.2d 662, 682 (9th Cir.1989), cert. denied, 111 S.Ct. 751 (1991) (quoting United States v. Sommerstedt, 752 F.2d 1494, 1496 (9th Cir.), amended, 760 F.2d 999 (9th Cir.), cert. denied, 474 U.S. 851 (1985)). Because there was no evidence to support the theory, the court properly rejected the defense's proposed instruction.