What will I show?

[JMW77]

What is the name of your state? California

Yesterday was a great day for me. I had 3 felony charges reduced and expunged under PC1203.4 and 17b. These charges were roughly 10 years ago. They were all "wobblers". My questions.....Am I now able to purchase a firearm? Am I able to apply as a peace officer? Do my restrictions allow me to answer, I was convicted of misdemeanors, and they were expunged under the above PCs on that application for a peace officer, or the felony convictions and they were expunged under the above PCs? What is my DOJ file going to look like so to speak? As far as LiveScan goes, how long will it take to be updated in that system if it was granted yesterday? Reason being, I am trying to apply for a Police Academy and they need LiveScan for a records check.(Basically they want to see if I am eligible for firearm possession) What will mine look like?
Thank you in advance!

[seniorjudge]

On any application, tell the truth.

[JMW77]

Of course I will do that Sir! If I have any shot at becoming a police officer that is definetly what I will be doing! I have been in the Army for about 7 years since my case, had to wait 3 years for probation to end, and have learned about Integrity and Honesty. I am true to these values. In a nutshell Sir, Do I have a chance? What about my restoration of firearms issue?

[CdwJava]

Originally Posted by JMW77

Yesterday was a great day for me. I had 3 felony charges reduced and expunged under PC1203.4 and 17b. These charges were roughly 10 years ago. They were all "wobblers". My questions.....Am I now able to purchase a firearm?

Probably. To be sure, check this link and contact these people:

[url]http://ag.ca.gov/firearms/[/url]

Am I able to apply as a peace officer?

Apply? Sure. Get hired? probably not going to happen pursuant to statute.

Three felonies - even if reduced to misdemeanors and expunged - are going to give any police agency great heartburn in the background process even if they are somehow NOT mandatory disqualifiers. If any are for violations involving crimes of moral turpitude, the chances of getting hired in law enforcement are even further diminished.

[url]http://en.wikipedia.org/wiki/Moral_turpitude[/url]

Do my restrictions allow me to answer, I was convicted of misdemeanors, and they were expunged under the above PCs on that application for a peace officer, or the felony convictions and they were expunged under the above PCs?

The question on the law enforcement PHS is not asked in that way ... it asks about ANY and ALL detentions and arrests whether sealed, expunged, or pardoned. So you will be required to articulate them.

What is my DOJ file going to look like so to speak?

Not sure ... in theory, it will show no conviction, but it might show an arrest and charges even if no conviction. Off the top of my head, I can't recall whether the CORI file indicates an expungement or not. I'd have to look that up.

As far as LiveScan goes, how long will it take to be updated in that system if it was granted yesterday?

A long time. Expect 3 to 6 months.

Reason being, I am trying to apply for a Police Academy and they need LiveScan for a records check.(Basically they want to see if I am eligible for firearm possession) What will mine look like?

If you have it tomorrow, it will almost certainly show felony convictions. This stuff moves slowly.

Pursuant to the Background Investigation Manual of California's Office of Peace Officer Standards and Training, the following rule applies:

Any person convicted of a felony (or of a crime in another jurisdiction that would be a felony in California) is prohibited from employment as a California peace officer [Government Code Section 1029(a)]. This prohibition holds even if the conviction was sealed, expunged, or set aside. It may also apply to any convictions that were subsequently reduced to a misdemeanor occurring on or after January 1, 2004.

You need to sit down with a background investigator from some local agency and ask him if you stand a snowball's chance in Hell ... I'm guessing you're done before you begin. Sorry.

- Carl

[JMW77]

[quote=CdwJava;1689456]Probably. To be sure, check this link and contact these people:

[url]http://ag.ca.gov/firearms/[/url]

Just sent the Cert. of Eligibility out this morning. Notorized and signed.


Apply? Sure. Get hired? probably not going to happen pursuant to statute.

Three felonies - even if reduced to misdemeanors and expunged - are going to give any police agency great heartburn in the background process even if they are somehow NOT mandatory disqualifiers. If any are for violations involving crimes of moral turpitude, the chances of getting hired in law enforcement are even further diminished.

[url]http://en.wikipedia.org/wiki/Moral_turpitude[/url]

Charges were as follows: 246.3 PC, 146A(b) PC (2 counts). Not moral turpitude from what I have read. But then again I have only been in the Army for 7 years, so I may not have the best of education (haha).


The question on the law enforcement PHS is not asked in that way ... it asks about ANY and ALL detentions and arrests whether sealed, expunged, or pardoned. So you will be required to articulate them.

I will be completely honest throughout the process. If the Army has taught me anything, it is to live by Our Values. Honesty and Integrity are the most important to me.


Not sure ... in theory, it will show no conviction, but it might show an arrest and charges even if no conviction. Off the top of my head, I can't recall whether the CORI file indicates an expungement or not. I'd have to look that up.

If you have the time to look that up, that would be great! Thanks!


A long time. Expect 3 to 6 months.


If you have it tomorrow, it will almost certainly show felony convictions. This stuff moves slowly.

Well I did a personal LiveScan today just to see what comes up. I should've read this first adn saved some money!

Pursuant to the Background Investigation Manual of California's Office of Peace Officer Standards and Training, the following rule applies:

Any person convicted of a felony (or of a crime in another jurisdiction that would be a felony in California) is prohibited from employment as a California peace officer [Government Code Section 1029(a)]. This prohibition holds even if the conviction was sealed, expunged, or set aside. It may also apply to any convictions that were subsequently reduced to a misdemeanor occurring on or after January 1, 2004.

This sort of contridics what my attorney has told me. She told me that there was case law that supports my future endeavors to become a police officer. (With these actions that were granted by the Court).I hope she is right!

You need to sit down with a background investigator from some local agency and ask him if you stand a snowball's chance in Hell ... I'm guessing you're done before you begin. Sorry.

- Carl

I will try and get an appointment with a recruiter in the local area, and lay it all out for him/her. The worst they could say is no, right? Thanks for all your help and look forward to any other info you can give! Thanks in advance!

[CdwJava]

Your attorney may not be up on this type of law. Law enforcement falls outside typical employment law.

And, even if you are allowed to apply, those felonies are very likely to disqualify you even if - somehow - you ARE allowed to apply. Negligent discharge of a firearm and false personation of a peace officer resulting in arrest or search are serious offenses! I doubt you will get out of the starting gate with this in your past.

- Carl