Domestic Violence Misdemeanor and Purchase

[theGinsue]

just as everyone else has said...she can't own firearms. period.

only thing to potentially fix this is to get a lawyer, try to get it expunged from her record, then run the CBI BG check, if it comes up clear, then go buy a gun. the process to get it expunged will probably be long and arduous and quite expensive.

Fixed it for you.

[CrufflerSteve]

There is a pretty clear process for expunging. It means big lawyer bucks and a boringly law abiding life for quite some time. It especially helps if it was youthful mistake which was never repeated.

I used to know a guy who managed a pretty bad felony when 18 and around 30 he got it expunged. It allowed him to get a real estate license. Probably could have gotten a gun since the felony was sealed. It cost big bucks.

Steve

[Zundfolge]

Expungement is for felonies ... IIRC its either more difficult or even completely impossible to get DV convictions expunged (thus leaving you with the president or governor helping you out personally)

[Clint45]

Presidential pardons only apply to federal crimes. DV is a state misdemeanor.

Depending on the state, there can be remedies other than a governor's pardon. Some states automatically restore rights after a period of time has passed. Other states allow you to request the sentencing court to set the conviction aside and seal the record. Every state has its own rules.

[Gcompact30]

If she plead to a Misdemeanor, deferred then dismissed. She would of did her classes, stayed out of trouble, for a period of time. Then case would of been dismissed and dropped and should would be able to do what ever she wanted. She should not have plead guilty to the Judge. That's what I am assuming she did, since she did not have an attorney. That is why you all should no your rights and about how the court system works.

[OneGuy67]

If she plead to a Misdemeanor, deferred then dismissed. She would of did her classes, stayed out of trouble, for a period of time. Then case would of been dismissed and dropped and should would be able to do what ever she wanted. She should not have plead guilty to the Judge. That's what I am assuming she did, since she did not have an attorney. That is why you all should no your rights and about how the court system works.

Not necessarily true. Each situation is different, each judicial district handles it differently. To say it should have been a D&D isn't accurate.

She needs to get a copy of the courts findings and plea arrangement from the court clerk. Her criminal history is only going to show the arrest and not necessarily the conviction or plea bargain, if any. Most felonies and their dispositions are being reported on their criminal histories, but misdemeanors are still hit and miss, depending upon the jurisdiction.

[theGinsue]

If she plead to a Misdemeanor, deferred then dismissed. She would of did her classes, stayed out of trouble, for a period of time. Then case would of been dismissed and dropped and should would be able to do what ever she wanted.

The problem with this thinking is that more often than not, the statement below is taken to mean "if you have EVER been convicted in any court..."

So, even if the charges were eventually dismissed, the fact is that you HAD been convicted and are thus not allowed to possess a firearm. There is a different code for charges that were dismissed after court requirements were met and charges that were simply dismissed without a conviction/plea.

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

[Irving]

Can she own a black powder rifle?

[Gcompact30]

That's the problem, no consistency in the system I probably would have a CBI check done and see if it even shows up first. If she had an attorney the first time, they would have probably asked for a D&D. The majority of citizens have no idea about what they can plead to in a court setting.

Not necessarily true. Each situation is different, each judicial district handles it differently. To say it should have been a D&D isn't accurate.

She needs to get a copy of the courts findings and plea arrangement from the court clerk. Her criminal history is only going to show the arrest and not necessarily the conviction or plea bargain, if any. Most felonies and their dispositions are being reported on their criminal histories, but misdemeanors are still hit and miss, depending upon the jurisdiction.

[OneGuy67]

That's the problem, no consistency in the system I probably would have a CBI check done and see if it even shows up first. If she had an attorney the first time, they would have probably asked for a D&D. The majority of citizens have no idea about what they can plead to in a court setting.

Of course not. We have human involvement, human discretion and the ability to determine based upon circumstances. Would you prefer a system where there is a blanket outcome for every input? I personally wouldn't, as there is always circumstances to events. Even domestics.