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View Full Version : Whats the chance failing background check.


DK mode
07-26-2011, 11:51 AM
So... In December 2009 I was arrested and charged with a non violent felony. I got a deferred entry judgment. I pleaded guilty to the charge and completed the required classes I needed. After I finished the course the charge was dropped entirely except to peace officers.

On Sunday I did a PPT. Im just a little worried what will happen if I fail the background check. My questions is will I pass and if not what will happen?

freonr22
07-26-2011, 11:54 AM
did you get it reduced to misdemeanor and then expunged?

DK mode
07-26-2011, 2:32 PM
Im not sure because my lawyer handled the case. What would happen if it was not reduced.

yaksha
07-26-2011, 2:45 PM
So, wait, you don't know what the terms of your plea agreement was?

You better contact your attorney and get some information. I think it would be difficult to pass a background with a felony on your record. But I am not 100% sure.

DK mode
07-26-2011, 2:50 PM
Even though I was only charged not convicted? I'm calling my attorney right now.

DK mode
07-26-2011, 2:59 PM
My attorney said the case was dismissed.

bill_k_lopez
07-26-2011, 3:00 PM
Only responsible individuals here...Yep.

yaksha
07-26-2011, 3:01 PM
Then you should be fine.

yaksha
07-26-2011, 3:01 PM
Only responsible individuals here...Yep.

Lol

MrExel17
07-26-2011, 3:02 PM
I can be wrong on this one and would like to be corrected:

Everytime I DROS a firearm and all the questions that needs to be answered "NO" on that form, if one is checked "YES" then a person is unable to own a gun. No buts, ifs, or whats!

I always wondered too, 2 gun shops told me this, but there has to be some sort or leeway in the rules similar to yours. Nice thread would like to know the outcome have 2 family members in similar situations, good luck!

infernl
07-26-2011, 3:03 PM
One sure way to find out... go buy a pistol... lol

If I was in that situation, I would want paperwork.
Proof that I was not walking around with a number on my head.

SJgunguy24
07-26-2011, 3:04 PM
My attorney said the case was dismissed.

You had better verify that with court documentation and call the DOJ if your denied so they can get you squared up. If not I beleive you can get in trouble even trying to buy a gun while being a prohibited person.

DK mode
07-26-2011, 3:07 PM
Thanks guys for all the help. Ill let you know on the 3rd of August.

morrcarr67
07-26-2011, 3:08 PM
To anyone who need this info.



I'm not sure whether I can legally possess and/or purchase firearms. Is there a way to find out before I attempt to purchase one?

Yes. You may request the Department of Justice to conduct a firearms eligibility background check by submitting a Personal Firearms Eligibility Check (PFEC) application (http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf) to the Department of Justice. For more information about how to request a PFEC, please visit our PFEC FAQ (http://ag.ca.gov/firearms/pfecfaqs.php) section. Applications are also available through your local firearms dealer.



I hope this helps

rareair
07-26-2011, 3:12 PM
I can be wrong on this one and would like to be corrected:

Everytime I DROS a firearm and all the questions that needs to be answered "NO" on that form, if one is checked "YES" then a person is unable to own a gun. No buts, ifs, or whats!

The first question on the DROS is a YES! #2-12 should be marked "no"

rareair
07-26-2011, 3:15 PM
My questions is will I pass and if not what will happen?

If your background check doesn't allow you to own a firearm, you'll lose the $25 DROS fee. Then the retailer will most likely charge you an additional restocking fee of the firearm you attempted to purchase. Some retailers are known to charge up to a 33% restocking fee.

SJgunguy24
07-26-2011, 3:23 PM
If your background check doesn't allow you to own a firearm, you'll lose the $25 DROS fee. Then the retailer will most likely charge you an additional restocking fee of the firearm you attempted to purchase. Some retailers are known to charge up to a 33% restocking fee.

PPT not from dealer stock.

MrExel17
07-26-2011, 3:36 PM
The first question on the DROS is a YES! #2-12 should be marked "no"

Correction what "Rareair" said - Thank you!:D

MrExel17
07-26-2011, 3:36 PM
To anyone who need this info.



I hope this helps


Man you guys move fast I was looking for this to passdown:rolleyes:

DK mode
07-26-2011, 3:37 PM
Thanks guys for all the help. I really do appreciate it. My home was broken into twice within a year and I live in a pretty safe neighborhood. It would suck if it happened again and be defenseless.

Heiko
07-26-2011, 3:37 PM
"Deferred entry of judgement" means that there was no conviction if you satisfied the requirements of the court. It literally means judgement was deferred until you showed that you did your thing, then judgement could either be imposed resulting in a conviction, or the case could be dismissed. I am going to guess it was a PC 1000 case and that specifically allows for deferred entry of judgement and dismissal upon doing the classes.

I think you're in the clear.

deadcoyote
07-26-2011, 3:43 PM
"Deferred entry of judgement" means that there was no conviction if you satisfied the requirements of the court. It literally means judgement was deferred until you showed that you did your thing, then judgement could either be imposed resulting in a conviction, or the case could be dismissed. I am going to guess it was a PC 1000 case and that specifically allows for deferred entry of judgement and dismissal upon doing the classes.

I think you're in the clear.

I agree that as far as I know DEJ is not a conviction, unless you failed to comply with the terms of your DEJ program. Call your counsel.

Speedpower
07-26-2011, 4:06 PM
Thanks guys for all the help. I really do appreciate it. My home was broken into twice within a year and I live in a pretty safe neighborhood. It would suck if it happened again and be defenseless.

House Broken in while your home?

ParanoidCivilian
07-26-2011, 4:08 PM
Did you have to take anger management classes because of a domestic dispute?

DK mode
07-26-2011, 4:18 PM
House Broken in while your home?

Yes once. The perp ran out the back door as we came through the front door.

DK mode
07-26-2011, 4:26 PM
Did you have to take anger management classes because of a domestic dispute?

No. This was a non violent crime.

Speedpower
07-26-2011, 4:28 PM
Yes once. The perp ran out the back door as we came through the front door.

Then I don't think having a gun is a good idea, as they only breaks in to your house if no one is home, are you planning to CCW the gun? if not, then there is a chance that it will get stolen too when they break in to your house again.

DK mode
07-26-2011, 4:37 PM
I have a mounted safe in my home. I also installed a home security system. I have video surveillance and alarm monitoring. So I think I should be good. Its not like the theif got away with a lot of goods but this is all for peace of mind.

xxINKxx
07-26-2011, 4:44 PM
You can even get denied if you have unpaid tickets that went past the date to get it taken care of. My buddy had an old fix it ticket he ignored. Turners called him this morning and he got denied due to it. I dont feel sorry since he is never responsible with taking care of stuff like that.

S dot
07-26-2011, 4:45 PM
Is there any probation restrictions that may apply?

S dot
07-26-2011, 4:45 PM
Are there any probation restrictions that may apply?

rareair
07-26-2011, 5:06 PM
PPT not from dealer stock.

Ouch :eek: That means the OP would have already paid for the firearm. If he doesn't pass the DROS period, he will be out all his money.

Speedpower
07-26-2011, 5:18 PM
Ouch :eek: That means the OP would have already paid for the firearm. If he doesn't pass the DROS period, he will be out all his money.

He can always sell it or DROS it to his wife or I could be wrong.

zfields
07-26-2011, 5:47 PM
He can always sell it or DROS it to his wife or I could be wrong.

That just screams straw purchase.

keenkeen
07-26-2011, 6:02 PM
I agree that as far as I know DEJ is not a conviction, unless you failed to comply with the terms of your DEJ program. Call your counsel.

Agreed...thats the whole point of a defered judgement. They "defer" entering your plea and if you follow the terms then the case is dismissed.

Enjoy your new toy. :o

Sam
07-26-2011, 8:20 PM
Then I don't think having a gun is a good idea, as they only breaks in to your house if no one is home, are you planning to CCW the gun? if not, then there is a chance that it will get stolen too when they break in to your house again.

Great advice...wait what side of the gun debate are you on again?

I hope everything works out for you OP, you have received great advice here.

santacruzstefan
07-26-2011, 10:15 PM
I think I know exactly what happened with OP, since it happened to a good friend. For those crimes, you might still be bound by some probation terms, but not all of them prohibit firearms (each person is different). If it was dismissed via PC 1000 and you have no other prohibiting stuff on your record, you're good to go. PC 1000 makes it as if it never happened, for all intents and purposes.

ehair
07-26-2011, 10:26 PM
I'm impressed, DK mode. You were able to call your lawyer, get a response to your ?, and post, all in 9 minutes. I can't make myself a decent sandwich in 9 minutes let alone get a hold of my lawyer.

FX-05 Xiuhcoatl
07-26-2011, 11:07 PM
You can search online to find out, for example I got arrested in Ventura County, and went to my Court Case in Ventura County all I have to do it's search online under Ventura County Superior Court (you will have to search under the county that the charges were made), click on there webside, go under CASE INQUIRY, click "CRIMINAL OR TRAFFIC CASE INQUIRIES", click "CASE INFORMATION" type in your information and there you go all the information of your case will be there.:detective:

"it works, I know because I was in a similar situation but I won the case, false charges were file agains me" :boxing_smiley:

jhaselton
07-26-2011, 11:19 PM
I'm no expert but I'm pretty sure if you were convicted of a felony and then it was reduced and expunged you are still required to wait 10 years from your conviction date before you can own firearms again.

SJgunguy24
07-27-2011, 12:33 AM
He can always sell it or DROS it to his wife or I could be wrong.

He cannot sell what he cannot own. A transfer to his wife would be very suspicious to say the least.

DK mode
07-27-2011, 1:09 AM
I'm impressed, DK mode. You were able to call your lawyer, get a response to your ?, and post, all in 9 minutes. I can't make myself a decent sandwich in 9 minutes let alone get a hold of my lawyer.

My lawyer and I have a good relationship haha. He was actually a client of mine and then I became his. If anyone needs a great honest affordable attorney let me know!

ironcross
07-27-2011, 1:36 AM
Okay,

I didn't see this asked. What code were you arrested on and plead guilty to?

I was arrested as a Juvi (14) for 3 felonies, never convicted, and at 18 I was able to buy/own what I wanted.

Per the Capt "They lost my paperwork".

Maddog5150
07-27-2011, 1:48 AM
He can always sell it or DROS it to his wife or I could be wrong.

ya think?

mrdd
07-27-2011, 2:25 AM
He can always sell it or DROS it to his wife or I could be wrong.

If the buyer fails the background check on a PPT, the DOJ automatically runs a check on the seller. Assuming the seller passes, the firearm is returned to the seller. If the seller also fails the check, the dealer must turn the firearm over to the CLEO of the county or city for disposition.

DocSkinner
07-27-2011, 2:58 AM
I have a mounted safe in my home. I also installed a home security system. I have video surveillance and alarm monitoring. So I think I should be good. Its not like the theif got away with a lot of goods but this is all for peace of mind.

So you a thief that can get through all of that security is not going to be able to clock you before you can get through all that security and get your gun out of the safe? Sounds more like you will be opening it for them to take your gun and whatever else you have in the safe. You certainly aren't , given two previous breakins, going to leave the gun setting around? Then you are just going to get shot with your own gun.

DocSkinner
07-27-2011, 3:00 AM
I have a mounted safe in my home. I also installed a home security system. I have video surveillance and alarm monitoring. So I think I should be good. Its not like the theif got away with a lot of goods but this is all for peace of mind.

So you think a thief that can get through all of that security is not going to be able to clock you before you can get through all that security and get your gun out of the safe? Sounds more like you will be opening it for them to take your gun and whatever else you have in the safe. You certainly aren't , given two previous breakins, going to leave the gun setting around? Then you are just going to get shot with your own gun.

I realize this is a thread and not all the details are out here, but seriously think through exactly what you are doing, and what you are GOING to do!

cmoore
07-27-2011, 3:15 AM
I'm no expert but I'm pretty sure if you were convicted of a felony and then it was reduced and expunged you are still required to wait 10 years from your conviction date before you can own firearms again.

THIS^^^...remember, you did plead to it...having that charge reduced ex-post facto is moot...you said your attorney said the charge had been dismissed- if so, great, but that's not expunged- you may face a 10-year lock-out so-to-speak, but let's hope not...

Best regards,

CK_32
07-27-2011, 9:10 AM
If it was put on your record and is still there then no. It must be 5 or 10 years before it's clear.


And if your don't pass they will call you and say sorry bud your SOL. Which will be some what embarrassing.

Sam
07-27-2011, 9:26 AM
Okay,

I didn't see this asked. What code were you arrested on and plead guilty to?

I was arrested as a Juvi (14) for 3 felonies, never convicted, and at 18 I was able to buy/own what I wanted.

Per the Capt "They lost my paperwork".

Yeah, but I could be arrested for million times for genocide but that has no relationship to whether I can own guns or not. If you were never convicted then your arrest doesn't matter.

santacruzstefan
07-28-2011, 12:00 AM
I'm no expert but I'm pretty sure if you were convicted of a felony and then it was reduced and expunged you are still required to wait 10 years from your conviction date before you can own firearms again.

THIS^^^...remember, you did plead to it...having that charge reduced ex-post facto is moot...you said your attorney said the charge had been dismissed- if so, great, but that's not expunged- you may face a 10-year lock-out so-to-speak, but let's hope not...

Best regards,

Not necessarily. I assume OP's situation revolves around a particular H&S violation, and if it does, these felonies are not reduced/ expunged in the traditional sense; the guilty plea was set aside the moment it was made, and after the terms of a court-mandated program are met, the judge discards the original plea and enters a judgement of not guilty. Its as if the guilty plea was never made, and the defendant can honestly say they were never convicted of a felony. Its all explained in PC 1000.

keenkeen
07-28-2011, 7:11 AM
Not necessarily. I assume OP's situation revolves around a particular H&S violation, and if it does, these felonies are not reduced/ expunged in the traditional sense; the guilty plea was set aside the moment it was made, and after the terms of a court-mandated program are met, the judge discards the original plea and enters a judgement of not guilty. Its as if the guilty plea was never made, and the defendant can honestly say they were never convicted of a felony. Its all explained in PC 1000.

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