Misdemeanor Domestic Violence committed as a minor

[Launchpad]

I am seventeen years of age, residing in the state of Michigan.

I've always wanted to go into law enforcement, and I'm not quite sure what I want to do yet, but I would like to consider becoming a Police Officer.

The problem is, I plead "no contest" to a domestic violence charge as a minor and served approximately two years of probation. It was a misdemeanor offense against my father. I violated probation a few times, which was why I was on it for two years. Two violations were results of behavior at home, while one was from me getting into a fight with my older sister.

I have heard people say that I am restricted by the Lautenberg Amendment, which prohibits individuals who have ever been convicted of domestic violence from owning, handling, or operating a firearm. However, after looking into the Lautenberg Amendment, I came upon this section of text under "Elements of the Offense" on page five of the document:

". . .The offender must be a current or former spouse, parent,
or guardian of the victim; a person with whom the victim shares a child; a person with
whom the victim has cohabitated or is cohabitating as a spouse, parent, or guardian;
or a person “similarly situated” to a spouse, parent, or guardian of the victim.7 This
provision appears to cover an exhaustive range of domestic relationships, except that
the text prevents children from being classified as offenders in the event that they
commit a misdemeanor offense against a parent or guardian. . ."

This appears to say that a minor who commits the offense against the parent is not restricted by the amendment.

I am interested in finding out if my assessment of this is correct. I would also like to know if a conviction of DV, as a minor against a parent/guardian, would automatically disqualify me from a law enforcement job that involves the use of firearms.

I know very well that any law enforcement agency, or perhaps any employer at all, would not look kindly upon such an offense, even if committed as a minor, and it might hinder my chances. I just want to know if there is any law that prohibits me from a law enforcement position.

I have about a 3.0 in high school right now and will be starting my senior year soon. I plan on going to college to get a bachelor's degree, and although I am not sure of what to major in yet, I am seriously considering Criminal Justice. I am currently a Cadet Chief Master Sergeant in the Civil Air Patrol, the official auxiliary of the U.S. Air Force, and plan on advancing in that program as far as I can before I reach the age of 21, by which time I will have to convert to a Senior Member.

I would also like to know if getting the record expunged eventually would help in any way.

So... can anyone shed some light on this?

[ChaosXIW]

Wish I could help, but I haven't had much experience with this area. It's my understanding that this amendment applies in relation to spousal incidents and incidents related to parents vs. children. I think the fighting with your sister might be more of a problem than you vs. your dad, but I could be wrong. I would wait until you get an answer from a verified LEO, because I'm only an academy grunt right now and haven't covered Domestic Violence yet. My guess is they will tell you to contact a Background investigator at a department you are interested in to get your sure-fire guaranteed answer. Contact your local department to find out for sure.

[Launchpad]

Thanks for replying.

Yeah, I think I am going to make an appointment with a lawyer, and if they agree that I am not legally barred from a law enforcement position, I will contact an LEO and see what they think.

Of course, if anyone on here does have an answer for me your reply is much appreciated

[macteam]

Yeah, I think I am going to make an appointment with a lawyer, and if they agree that I am not legally barred from a law enforcement position, I will contact an LEO and see what they think.

That sounds like a good idea, but I would suggest you contact police recruiters in the departments you're looking at. While the lawyer may be able to tell you if you're "legally" able to apply, the recruiters may suggest that you would be extremely uncompetitive with that kind of conviction on your record.

Save yourself $500. You don't need a lawyer.

[Launchpad]

Alright, I'll give that a try then. I hope the recruiter knows what he's talking about, because it was actually a Police Sergeant who told me the Lautenberg Amendment restricted me when it really doesn't.

I know I would be uncompetetive, but I plan to go to college and major in Criminal Justice, which should help at least some.

[explcdt8]

It seems from reading the section of the law you quoted that the Lautenberg Ammendment will not prevent you from legally owning a firearm; however, that does not mean that a department can not DQ you on the grounds of that conviction based on their own standards.


Personally, I would be more worried about the two probation violations than I would be about the original offense.

[mcsap]

Regardless of the Lautenberg restrictions , you have a criminal record as a DV offender. Granted it's juvy but that doesn't give you a free pass. You will sign away your " privacy " in regards toy uor background so they WILL find out.

I can't say that they won't hire you but you are " damaged goods" coming in the door. There are plenty of apps with no DV history at all.

[Launchpad]

Regardless of the Lautenberg restrictions , you have a criminal record as a DV offender. Granted it's juvy but that doesn't give you a free pass. You will sign away your " privacy " in regards toy uor background so they WILL find out.

I can't say that they won't hire you but you are " damaged goods" coming in the door. There are plenty of apps with no DV history at all.

Will it help much if I have a bachelor's degree in a related field? I don't want to pursure a degree in Criminal Justice only to find I can't use it to get a job.

[mcsap]

If the DV incident is an auto DQ then no.

If it isn't , ANYTHING will help but will it be enough ? Only a prespective hiring agency could answer that and that answer will vary by agency.

[ChaosXIW]

And let me just add a little bit to the last comment. College degrees are always a huge plus, but I wouldn't go for Criminal Justice for two reasons. One, as mcsap said, an auto dq is a possibility. That, as you so aptly observed, would render your CJ degree virtually useless. Two, they teach you CJ in the academy. I have 4 guys out of 40(including myself) in my academy class that have bachelors. ZERO are in CJ. Mine is in counseling. The point of the degree is that it makes you stand out. You know how many people walk through the door with a degree in CJ thinking that makes them THE CANDIDATE for the position? A CJ degree is good, but you just fade right in the mix sometimes, especially in large applicant pools. You gotta stand out so they notice you. And the last thing you wanna do is go into an academy thinking you know a lot about the criminal justice they are going to teach you. You could develop a dangerous sense of complacency and next thing you know you fail a critical exam because you didn't study as hard thinking you knew it already. Trust me...know nothing, admit you know nothing, and desire to learn everything the way THEY teach it, and you'll blend in smoothly.

Sorry to get off topic. Anyway, call a recruiter and ask, and as said before, don't waste your money on a lawyer. It doesn't matter if a lawyer says you can't be auto dq'ed from a department. If you meet the MINIMUM standards, then it's all about making yourself look better than EVERYONE else in the candidate pool.

[Brendon]

Save yourself $500. You don't need a lawyer.

I want to know about this 500 dollar lawyer, what a deal!

[Launchpad]

So there is no solid answer to my question? :/

[ducatimom]

Did you call your local PDs and ask their recruitment people?

If there are certain agencies that you are interested in, then it would behoove you to contact them directly and see what their hiring restrictions are. People on this forum could tell you what their department's policy is, but that would not amount to a hill of beans for you unless you are planning to move to them.

Given that you are still a juvenile policy could change for or against your eligibility with the DV charge before you are eligible in age...

[COPaterno]

from what ur posted it doesn't seem like the law would apply in your situation. Regardless of that, the PD is going to want you to explain the actions that lead to a father calling the police on his juvenile son. no matter what you were charged with, the actual details of the event could be what keeps you out.

[GoDirectly2Jail]

Regardless of whether you are legally barred from L.E., your conviction certainly doesn't make you rise to the top of a potential candidate pool. If you've looked around, you've seen the economic mess the country is in. For example, the Va. Governor this week said in regards to cutting the state's budget, "There are no sacred cows." Other states are in the same boat. That means experienced, recently laid off officers may be your competition for any candidate list.