will any arrest in the past keep from getting Riverside CCW

[cowboyup]

Edit

[VAHEVAHE]

Anyone know how a past arrest would affect this? Were talking failure to appear on speeding ticket that went to warrant and suspicion of being under the infulence...all like 12 years ago...

Thanks!

Im not a CCW expert BUT they will find any reason not to give you a CCW and this is a good reason for THEM.

[tango-52]

Not necessarily an immediate disqualification. What would really mess you up is if you applied and weren't totally honest about your past. This includes juvenile records, for all of those who think those records were expunged when you turned 18. There are a number of people who had some indiscretions in the past that now have CCWs.

[Knauga]

Riverside County has issued recently with the right good cause... OTHER than buddies with the Sheriff or a politician... I imagine if you had one failure to appear on one of a very few tickets in your life and you are able to give them a plausible reason for it it shouldn't harm you. If you have had MANY tickets or other patterns of what they consider irresponsible or dangerous behavior it won't matter what your good cause is, they'll deny you on that basis.

If you think you have good cause and you live in the county area it won't hurt you to apply. Riverside City is horrible with CCW's, but when they deny you can apply to the county.

[U2BassAce]

Anyone know how a past arrest would affect this? Were talking failure to appear on speeding ticket that went to warrant and suspicion of being under the infulence...all like 12 years ago...

Thanks!


As was stated above. You need to be honest to even have a chance. Oh and not break the law "lying is a crime".

Alcohol offenses can be looked down on more than others. Something about weapons and alcohol don't mix. I am sure you understand. But 12 years after the fact and a detailed explantion and who knows?

Try www.CalCCW.com for a more expert opinion.

Good luck!

[The SoCal Gunner]

Not necessarily an immediate disqualification. What would really mess you up is if you applied and weren't totally honest about your past. This includes juvenile records, for all of those who think those records were expunged when you turned 18. There are a number of people who had some indiscretions in the past that now have CCWs.

Now what about juvenile records that were sealed when one turned 18? I believe all agencies that have some sort of documentation on said person are required to recall that information and seal it. Can a person who sealed their record then deny any arrest record?

[spsellars]

Now what about juvenile records that were sealed when one turned 18? I believe all agencies that have some sort of documentation on said person are required to recall that information and seal it. Can a person who sealed their record then deny any arrest record?

IIRC the application asks something along the lines of "have you every been convicted of any criminal offense", but even if you feel justified in leaving that blank based on it being a juvenile conviction, they also ask if you've left anything off the application which may affect their decision. I would be honest and just tell them, it's a lot more relaxed than people think. (Especially since you're in Orange County, which is as close as it comes to "shall issue" in California.)

[Quiet]

Now what about juvenile records that were sealed when one turned 18? I believe all agencies that have some sort of documentation on said person are required to recall that information and seal it. Can a person who sealed their record then deny any arrest record?
Juvenile records are not automatically sealed.
You have to request to have it sealed.

[Knauga]

You must disclose sealed juvie records and expunged crimes. There will be a record of it, perhaps not the details, but the record is still there, if they see it and you didn't come clean you'll get the bums rush. Background investigators like to verify information, not discover it.

[The SoCal Gunner]

You must disclose sealed juvie records and expunged crimes. There will be a record of it, perhaps not the details, but the record is still there, if they see it and you didn't come clean you'll get the bums rush. Background investigators like to verify information, not discover it.

Is this from experience or do you have a source? As much as this is plausible, from my understanding all agencies with information from a sealed juvenile record must seal them and then after 5 years from sealing, destroy them.

The certified court paper states that all information from the DOJ, arresting PD, and court must seal the records and then destroy them after 5 years. Not quite sure about the FBI.

This is from www.courtinfo.ca.gov

Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.

Here is another quote from the First District Appellate Project in SF.

Sealed court proceedings are deemed not to have occurred. You can answer “no” to any
questions asking whether you have a criminal record or whether you’ve ever been
arrested. You can also answer “no” if you are asked if you have a sealed record. (See
T.N.G. v. Superior Court (1971) 4 Cal.3d 767)

Note: Even without having your record sealed, because a juvenile delinquency
adjudication is NOT a criminal conviction, you can truthfully answer “no” if you are
asked if you were ever “convicted” of a crime.

[Knauga]

My experience is with going through the process in San Bernardino County. I didn't have any criminal record sealed or otherwise, BUT you fill out a questionaire for the background investigator and they ask you specifically if you have a criminal record that has been sealed or expunged. They also ask you questions like "Have you ever committed a crime?", "have you ever been arrested?", "Have you had contact with law enforcement?, describe prior contact with law enforcement", "have you ever been the subject of a criminal investigation?". Lying to the background investigator is the same as lying on the application. They will see that there is a sealed or expunged record. Sealed or expunged may remove the details of the crime, but not that it was on your record to begin with. If you have lied to the investigator at a minimum you will be denied and will most likely never be able to get a permit in this state again. If you tell them the truth and describe the details of what happend, they may or may not hold it against you for the permit, but it will only hurt you to withhold the information.

Like somebody else said earlier in the thread, if you committed some minor crime as a juvenile and have no contact with law enforcement in the 10-15 years since they may just look at it in that context. If you've had sporadic contact with law enforcement over that same period of time, they'll look at that sealed/expunged record much differently.

[The SoCal Gunner]

Like somebody else said earlier in the thread, if you committed some minor crime as a juvenile and have no contact with law enforcement in the 10-15 years since they may just look at it in that context. If you've had sporadic contact with law enforcement over that same period of time, they'll look at that sealed/expunged record much differently.

I wouldn't consider it minor but it has not prohibited me from firearm ownership and the court did grant sealing of the record. I feel that revealing this offense would do more harm then denying the offense, if that is my legal right to do so.

Aside from that, does anyone know if the background check for a CCW is the same as the one that can be requested through the DOJ? If that is the case, I'd like to request my record beforehand.

[Knauga]

I wouldn't consider it minor but it has not prohibited me from firearm ownership and the court did grant sealing of the record. I feel that revealing this offense would do more harm then denying the offense, if that is my legal right to do so.

Consult an attorney on this.

My thinking based on experience is that you will have to disclose it, if you don't they will deny you. Remember, this is a discretionary thing in this state. Also they will ask you flat out "have you ever committed a crime?" which you would honestly have to answer yes and then explain. For the record, "Not to my knowledge" or "I don't THINK so" are NOT an acceptable answers.... The question caught me off guard, but the honest guy inside of me was saying, "who knows you might have done something you didn't know was illegal" so I answered honestly.... he looked at me and asked again... and I said.."NO" :D

Good luck.

[matarlegoate]

I wouldn't consider it minor but it has not prohibited me from firearm ownership and the court did grant sealing of the record. I feel that revealing this offense would do more harm then denying the offense, if that is my legal right to do so.

Aside from that, does anyone know if the background check for a CCW is the same as the one that can be requested through the DOJ? If that is the case, I'd like to request my record beforehand.

Sure, be untruthful because you think it is your right. Then, when the BI speaks to some of your references, or friends of your references, then you can explain why you chose to exercise your rights and omit the information.

BI's get paid to dig stuff up, whatever the source. Courts can order records be destroyed, but it doesn't destroy the memories of officers, witnesses, and friends who may have been involved.

Good luck with you CCW.