Excluded forever?

[Group9]

Even expunged records are considered here and DV would be an automatic disqualifier. And that's as it should be.

The same with my federal agency. Some things are just not fixable. Sorry, I know that is not what you were hoping to hear.

[JD45]

Correct me if I'm wrong, but you can own a firearm with a domestic violence conviction, you just can't buy a new one for a period of time. Firearms at the scene of DV can be seized for 72 hours pending a hearing. CA law does state that you cannot possess a firearm if you have a domestic violence restraining order against you. I'm being to lazy to do the rest of the penal code research.

As far as getting a police job, I know DV and DUI are huge hotbuttons for most CA depts and the chance of getting hired in CA with a conviction is pretty slim. I guess the circumstances related to the crime would have to be scrutinized....we'd need to know the actual conviction, all of the facts related to the act, officer's statements, injuries to the victim etc....Also, it would be hard to ever face a DV suspect in court if you had a DV conviction yourself. If you don't think a defense attorney could find that out and bring it up in court you're crazy.

Just to provide the correct information here. If you're convicted of domestic violence, you can NEVER own a firearm in CA. If you have a DV restraining order against you, you can NEVER own a firearm. Most DV restraining orders state right under the conditions that the restrained cannot own a firearm.

273.6(g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, or Section 15657.03 of the Welfare and
Institutions Code, shall be punished under the provisions of
subdivision (g) of Section 12021.

Here is more info:

The Lautenberg Amendment (Lautenberg) was tacked onto the Gun Control Act of 1968 and became effective 30 September 1996. Lautenberg makes it a felony for anyone to ship, transport, possess or receive firearms or ammunition if they were ever convicted of a misdemeanor for domestic violence. So what does this mean? If you are convicted of domestic violence, you cannot possess, own, or transport a firearm. Lautenberg applies not only to your privately owned firearms and ammunition, but also to military weapons, such as M-16 rifles.

Additionally, no one can sell or transfer a weapon to you if you have been convicted of domestic violence. Persons who violate Lautenberg, either by receiving or possessing firearms or ammunition or by issuing firearms and ammuni*tion face the prospect of a federal criminal conviction, fines, and up to 10 years in prison.

[Nick228]

Thank you guys, You have been very helpful.

[Valor55]

Federal law prevents anyone convicted of any misdemeanor domestic violence from possessing firearms. LE unions sued to get exemptions for law enforcement or at least grandfather current LEOs but lost it in court.

If you were convicted you cannot possess a gun and therefore cannot be a cop of any kind (that is armed).

If you got an expungement I am unsure if you would be able to regain your rights or not (a lawyer can tell you). Even with the expungement the information is available for a LE background investigation and is likely to be an automatic disqualifier.

You could spend a lot of money on a lawyer and still not be able to get the job you want.

My advice is to look around at something else you may enjoy. Fire/EMS is probably not as anal about backgrounds as LE and they get a lot more respect than we do. "If I wanted to be liked I would have been a fireman."

Good luck!

[Nick228]

The Firemen thing has crossed my mind before, it is still honorable public service... The only reason why I have not persuded is because of 9/11, I know quite a few people that were real "gun ho" about becoming Fire fighters right after that, I don't know if it was a call of duyt thing or just the attention... I'll see what the future brings for me,the most import thing is like my Local Beat Coordinator said " you messed up, if you really want to do it, be hopeful. But don't become a cop hating pu**y cause you couldn't be one".

You guys are great bunch. Too bad the world has a scued way of seeing things, rewarding Movie Stars and athetles imensely and turning a blind eye on who truely matters.

[JD45]

You guys are great bunch. Too bad the world has a scued way of seeing things, rewarding Movie Stars and athetles imensely and turning a blind eye on who truely matters.

Best of luck to you. You have a good attitude and that alone will carry you far.

The firemen thing is a good choice. People will love you, chicks will dig you and you won't have to worry about pissing anyone off really..

[sgtbear111]

Consider teaching? Our kids are the future, and the quality of their education is not always about the money and politix. It is the professional educator who makes the classroom a place for excellence.

Those "intangible" and priceless rewards of "making a difference" are elsewhere too.

Good luck.

[Deputy757]

Nick, I feel for you. I don't think that level of an offense should haunt you for the rest of your life. True, domestic violence is a serious matter but I would be a rich man if I had a dollar for every DV arrest I made which was because I had to, not because I necessarily believed it was the best course of action. This is usually when both parties had injuries, there was no clear and convincing evidence of who was the aggressor, and the sgt said.."well, someone has to go".
The Lautenburg Amendment is very controversial because it effectively stripped people who had not committed "high crimes" (felonies) of a right granted to them in the Constitution. Plus, it was retroactive which meant that someone like you, who had pled guilty to a dv offense when they were 18, suddenly lose this right (and if a police officer, possibly their career) 20 years+ down the road, even though they had never had another conviction for ANYTHING!
I think you have an excellent case for expungement but speak to an attorney to be sure. Depending on how close you were to 17, the severity of the assault, and your history since then...you could really open up a world of opportunities by pursuing it.
Good luck.