Charged versus convicted.

[ricksOe]

Ok here is my question.. let's say a person hasn't been actually physically arrested for DV but the county DA sends a letter to this person house saying they will be brought up on DV charges.. they go to court and take a track 1 course 34 weeks and completes and fines are paid.. that person recieves a minute order stating the case was dismissed.. said person goes to the criminal records divison about a year and some change later to find the charge is no longer on record according to the clerk..

How would this play out for that person trying to legally purchase a handgun in california..?

Is being charged for DV and TAKING a track 1 program a "conviction"?

[yzErnie]

Did 'that person' plead guilty? If so, that is a conviction but may have been expunged upon completion of the required courses.

[ricksOe]

Guilty plea was not entered.. I believe a no contest plea was entered with the track 1 34 week course.

[E Pluribus Unum]

Ok here is my question.. let's say a person hasn't been actually physically arrested for DV but the county DA sends a letter to this person house saying they will be brought up on DV charges.. they go to court and take a track 1 course 34 weeks and completes and fines are paid.. that person recieves a minute order stating the case was dismissed.. said person goes to the criminal records divison about a year and some change later to find the charge is no longer on record according to the clerk..

How would this play out for that person trying to legally purchase a handgun in california..?

Is being charged for DV and TAKING a track 1 program a "conviction"?

The point is moot. Have your "friend" fill out a personal firearms eligibility check.

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

Pay the small fee, file the paperwork, find out within 30-60 days if you or "your friend" can purchase a firearm.

[5shot]

Guilty plea was not entered.. I believe a no contest plea was entered with the track 1 34 week course.

In the D.A.'s office I worked for, the case would have been continued pending completion of the course. If the course was completed, fees paid, and no other problems, the case was dismissed. And this was usually only in minor cases with no prior history.

[dad1]

track 1 34 week course<<What is that?

[ricksOe]

track 1 34 week course<<What is that?

Track 1 (34 week course) is a diversion program.. you pay a set fee each week you attend class and along with other fees.. from my understanding its for first time offenders with no violent or DV priors.. not everyone qualifies for track 1 there is exceptions based on individual cases.

Thanks for the link to the forms..

[SVT-40]

Guilty plea was not entered.. I believe a no contest plea was entered with the track 1 34 week course.

A "no contest" plea is the same as a guilty plea, with the exception that it cannot be used in any subsequent civil action.

[ricksOe]

A "no contest" plea is the same as a guilty plea, with the exception that it cannot be used in any subsequent civil action.

That's what I thought..

SO criminal records clerk says its clear and nothing is showing.. there is even a paper she gave saying so but I guess the best way to be sure is to fill out the DOJ forms and see what comes back..

[BigDogatPlay]

but I guess the best way to be sure is to fill out the DOJ forms and see what comes back..

That is the only way. What the court might have and what DoJ might have could be completely different.

No contest has the same effect as a guilty plea except as noted above. If the plea was no contest and sentence was conditional on completing the program and part of the stipulation was expungment on successful completion that's great.

But it may still show up at DoJ. If it does it could certainly trigger a Lautenberg DV prohibition.

[Ron-Solo]

A "no contest" plea is the same as a guilty plea, with the exception that it cannot be used in any subsequent civil action.

This!

[Spanky8601]

Many times the plea of no contest will be entered by the friend. The judge will accept the plea in case the friend does not complete the classes. But, if the classes are completed there is an agreement with the DA to dismiss the case without entering the plea into the final record.

[E Pluribus Unum]

That's what I thought..

SO criminal records clerk says its clear and nothing is showing.. there is even a paper she gave saying so but I guess the best way to be sure is to fill out the DOJ forms and see what comes back..

Many times, they have things like "conditional dismissals".

This often works where a no contest (or guilty) plea is entered in the short term... the defendant completes all court-ordered programs, and goes through probation and then upon completion, the guilty plea is changed to not guilty and the charge is dismissed like it never happened.

If this happened, it is likely that firearm possession is not prohibited.

The only way to tell for sure is to fill out the form I linked before.

[Josey Wales]

One thing not mentioned is if the court issued a PO. If the PO was not addressed on the last appearence, it is still in effect. Your friend will need to have his attorney submit a CR165 to the court to have the PO removed from CLETS.

[ricksOe]

One thing not mentioned is if the court issued a PO. If the PO was not addressed on the last appearence, it is still in effect. Your friend will need to have his attorney submit a CR165 to the court to have the PO removed from CLETS.

no worries there.. the PO was lifted.