Simple Assault on my record

[Gomerpile_21]

Hey, I am applying for law enforcement jobs in SC and I have an issue im worried about and getting mixed answers on from area cops. When I was 19 I had a simple assault charge placed on my record. The story behind it was my in-laws didn't like me and wanted my ex wife to divorce me. She was pregnant at the time and easy to provoke to do. She left me and filed for divorce because her dad offered her a free house if she did. She had blood work drawn one day and it bruised up good about the size of a hand. So they convinced her to go to the police and claim domestic violence. the cops came out to the her parents took a report and got a warrant for me. I hadn't seen her in two weeks before this. The next week i received a call to meet an investigator to speak, i agreed and was taken into an office and told what was going on had no clue about the bruise or anything i was unsure why i was there. the investigator handed me my warrant explained i was being charged with CDV and placed me under arrest. I was in total shock and confusion,i was released a few hours later on a Signature bond and went straight to my lawyer. I took it all the way to court and asked for a jury trial after presenting my case to the judge in a pre case hearing. We did the jury pull and then received a call from the solicitor wanting a plea deal. I agreed to speak but not plead guilty or not guilty to anything because i had done nothing at all. In the middle of this i was given deployment orders so the importance of not getting a cdv charge and being kicked out of the army was of the most importance. after speaking with a judge and solicitor and my ex telling the truth about what she had done but was not punished because her parents are EMS in the county and had some pull in the court system with the judge, the judge and solicitor still would not drop the case and offered me simple assault misdemeanor that would be on my record 3 years then expunged, i was still forced to make a plea of no contest and pay a court fee of $60. and shows i served 30 days in jail which i never spent more than 4 the first day i was served a warrant. I did not want to do this but in order for me to go on the deployment with my unit i had to get things cleared up or make a plea. Im worried how this will look on my record now that I have chosen to go into law enforcement. I hold a secret security clearance with my army job so in a way i think i will be ok but in another im not sure. any one got a answer or suggestions before i mail all my applications out. any help or advice would be helpful .

[retdetsgt]

You should have gone to your C.O. and fought the charge. Since it's on your record as a conviction, you can no doubt scratch law enforcement off your list.

Everybody has a story as to why they got convicted of something, but at the end of the day, nobody cares what it is. In some states, a domestic assault conviction would prevent you from being certified by the state even if a dept. is willing to overlook it.

[Gomerpile_21]

I understand what your saying it makes sense the thing about going to my C.O is im national guard so he tried because i did go but because it was not a military crime it was civilian and i was not on full time orders neither JAG nor Him could help and I am close to my expungment date. I have talked to some dept and they say no it want effect me because it was a misdemeaner on my record and i still have a security clearance so i pass a background check. I just want to know if someone has been through it and if so what hoops did they have to go through to get into LE

[retdetsgt]

Well, maybe somebody there would hire you, I guess. We wouldn't with a DV assault charge. The last thing we want is someone who has a history of assault their spouse. As I said, you have your story, but the conviction says something else.

BTW, if you want to be a cop, you're going to have to learn to write a whole lot better. Your writing style is not only atrocious, it's hard to read. That's probably why you haven't got more responses. People here get halfway down your post and decide it's not worth the effort to try and read it.

Good luck though, hope things work out for you.

[mcsap]

No Contest is legally the SAME thing as pleading guilty.

Regardless of your claim , you were arrested and convicted of DV. This simply is NOT good for a LE applicant. There a PLENTY of other applicants out there who have no DV or other criminal history at all. I wish you good luck but you probably have a tough road in front of you.

[RoadDog1905]

Hate to bust your bubble, but it would be a job killer on my department. The Simple Assault would be an uphill battle, even with 10+ years of being clean because the job market is tough. My department has an automatic 'No' on DV issues.

Secret Security doesn't mean as much for a law enforcement job. They're not worried about your honesty in regards to a DV. They're worried about the possibility of you beating up a girlfriend or spouse. The department then gets a bunch of bad publicity, a lawsuit, and you'll likely lose your ability to legally carry a firearm, so you get fired. Then, they loose the $250,000 invest that it cost them to put you through the Academy.

[Gomerpile_21]

I think i confused yall,maybe i made it out wrong.The charge i have is not a DV charge ,in SC at least,Maybe in other states it is. According to the solicitor then and i checked now it is a basic charge like i got in a fight in a bar or on the street. If i had been charged with CDV I would have lost my ability to carry a weapon and my right to be in the military so i need you to get off the DV deal and think like a street fight because in the background check it shows it like i got in a fight on the street and plead no contest. I wasn't with and hadn't been with my ex for 2 weeks before the report was even taken.

[Gomerpile_21]

Also i don't want yall to think im getting mad im not im wanting honest answers i really need someone from sc to because SC has some weird laws when it come to ASSAULT and CDV. Alot of states are way different than SC for some reason i know GA and NC are I have spoken with some dept and the Solicitor and they said it shouldn't matter but i was wanting to see what other officers say I respect your opinion.

[retdetsgt]

The story behind it was my in-laws didn't like me and wanted my ex wife to divorce me. She was pregnant at the time and easy to provoke to do. She left me and filed for divorce because her dad offered her a free house if she did. She had blood work drawn one day and it bruised up good about the size of a hand. So they convinced her to go to the police and claim domestic violence. the cops came out to the her parents took a report and got a warrant for me.

This makes it not a street fight, okay? No matter what the final charge was, the BI is going to look at her statements and the fact you pled no contest and got a conviction.

Frankly, most pregnant women are NOT prone to leaving their husbands so that story is going to stink a bit. I'm not saying you're lying, I'm saying that's not usually the case.

If you don't believe us, fine. Go ahead and apply and see what happens.

[Gomerpile_21]

No i understand what your saying,and I respect your thoughts. If i did not want an opinion i would not have asked on here. I am still going to apply and see what happens you don't know till you try i guess. Like i said it is one of those issues were i have talked to some police chiefs and stuff and they said it wouldn't matter then i have some that say it may, then i have you guys saying yes it would so i am just leaving the what is out in the open if i do not apply and see all i can do is gain a job.

[MP_Steve]

Perhaps I missed it somewhere, but if you weren’t convicted of domestic violence assault, what was the actual conviction? Sorry, but your posts are hard to navigate.

[Gomerpile_21]

The actual conviction is called simple assault, its does not fall under the domestic violence laws in SC. I have looked over all the domestic violence laws and the assault laws in SC and i does not even have and explained section for the charge. According to the judge I spoke with this week and the solicitor its marked like a traffic ticket on my record. its the same thing I would be charged with if i were to hit someone at a bar. I know every state has different laws on how charges fall and when they fall under domestic violence but in SC my charge and CDV are in two different categories not in connection. Its confusing because each state is different and I get mixed answers from everyone.

[Kimble]

Its confusing because each state is different and I get mixed answers from everyone.

Every state has its own laws. If you're not liking the mixed messages you're getting here (which are obviously due to the fact that laws vary from state to state, as do hiring policies from department to department), apply to an agency you're interested in and let them tell you officially whether this will hender your employment with them. We don't have a magic answer for you here, as there are cops here from all over the US, and in other countries.