PDA

View Full Version : Question about misdemeanor DV case after expungement


ElitePhoto
08-28-2008, 8:29 AM
Sorry if there is a thread that may relate to this..I couldnt find info that pertained to me.

Long story short...
In 2005 I plead guilty to a misdemeanor DV case for lightly putting my hand on a ex girlfriends back and "helping" her to my front door so she would leave(no weapons, no physical marks, no yelling, no threats) She called the police to get her things that she left in my home. when the cops came they asked what happened..I told them I pushed her out of my house because she wanted to fight and argue with me and that she spit in my face. They arrested me for this. I was sentenced to 52 weeks of anger management classes and had to pay 3000.00 in fines which I completed prior to my due dates. I was very un aware as to how big of a deal this was until it was to late and I had plead guilty to try and make things easier on me(taking a ton of time off work for court) I have NOTHING else on my criminal background.

In Feb 2008 I applied to have my case expunged threw to CA courts via my hired attorney(I was living in AZ by this time). the case expungement went smooth and the case was set aside/expunged in May 2008. (1203.4) I was told that this would restore my gun rights as long as I was living in my resident state of AZ since the federal firearms ban would be lifted but it would be 7 more years before I could purchase a firearm living in CA). I moved to AZ Feb 2008 to take a job which happens to be managing a firearms parts manufacturing facility. In July I had my name ran threw NICS(as my employer requested) and it was denied because of this case in CA. Does anyone have any concrete information about my situation, what I need to do to get this all cleared up. I have testing with a local law enforcement agency for a reserve officer position on Sept 6th 2008. the recruiter there told me that if my case was more then 3 years ago and was expunged so that my gun rights were restored then this old case would not disqualify me. Plus I need to get this cleared up to keep this job I have here in AZ. My attorney in CA assured me that having this case expunged would clear me to purchase/posses firearms and a CCW permit in my resident state of AZ. Any useful information is very much appreciated.

eltee
08-28-2008, 11:03 AM
I don't know if this is your situation, but quite often court ordered changes in pleas, dismissals, reversals and orders of expungement ARE NOT FINALIZED and the original records remain in various databases. You should take a certified copy of the court order that expunged your incident and go to a law enforcement agency to check your NCIS and the CII (California - Criminal Identification and Information) record. What I've seen is that NCIS and CII often fail, for a number of reasons, to carry out court orders to alter the data. The court records show your probation was completed, a plea was changed to not-guilty, charges dismissed and record expunged but the computer databases did not get changed. I was assigned to background investigations for a long time and this situation was not uncommon.

If, in fact, the database(s) don't reflect the dismissal and expungement I would contact the clerk's office of the court that issued the order and tell them that the criminal information database(s) have not followed through to change the electronic record. The court clerk's office is usually the venue tasked by the court to change written and electronic records. Go in nicely and they are usually very helpful, but be sure to bring your court order or disposition.

Another thing to remember, as an adult, expunged records are still subject to declaration and examination when you apply for certain security clearances, police background investigations, etc. In many cases, you can say that you have not been arrested or convicted (based on the nature of the final disposition of your case) to your average potential employer (and employers have some limitations as to what and when they can ask about criminal histories) but for law enforcement, etc. positions you need to declare and explain.

Hope this helps.

eltee
08-28-2008, 12:46 PM
Addendum, DV cases are particularly problematic, so YMMV re. my original post. There are many cops who suffered under the DV based prohibitions and proscriptions, some ex post facto when the law was enacted. Despite labor unions and police organizations working on getting them their jobs back, I do not personally know of any who were able to return to police work since they were precluded from carrying a gun, even in the performance of government service.

ElitePhoto
09-02-2008, 2:11 PM
Thanks for the replies guys. Still dealing with this... much longer then I expected.

Ding126
09-02-2008, 5:08 PM
What does your Ca Attorney say? Could he go to the court house to follow up and through on this case?
I hope it works out and good luck on your current & future employment.

Mulay El Raisuli
09-03-2008, 6:29 AM
Addendum, DV cases are particularly problematic, so YMMV re. my original post. There are many cops who suffered under the DV based prohibitions and proscriptions, some ex post facto when the law was enacted. Despite labor unions and police organizations working on getting them their jobs back, I do not personally know of any who were able to return to police work since they were precluded from carrying a gun, even in the performance of government service.

There was a cop in San Diego with this problem. He went to court & got an Order to the effect that the Domestic Violence prohibition didn't apply to him & so he was able to stay on the SDPD. This was a few years ago & it only applied to the one cop.
Unfortunately, I don't remember his name, I realize that I haven't given really useful information. Still, I suppose that someone good at researching legal stuff could find the case & see if there's anything useful for ElitePhoto.

The Raisuli

P.S. YMMV?