How to Get a Violation of Order of Protection Off My Husband Record

[garzalisa]

My question involves restraining orders in the State of: Ar

In 2006 myself and my husband were handling things in the wrong manner and we both ended up have protection orders issued on the both of us from each other. However my husband did end up getting a violation of that order. We got back together and just found out today that because of that on his record he can not our guns. We are a very red-blooded American family and do believe in the right to our your own guns, so now we are trying to figure out how or what to do to get this fixed. To make matters worst once we got back together we both got our stuff together and he went to school to be a firefighter now this may also effect him being about to pass a background check to become a firefighter. Please help.

[cyjeff]

Your right to bear arms was removed by the court

Only the court and restore it.

The fire department will make it's own decision as to its hiring practices. Most employers have a difficult time with prospective employees that have records for violence.

[AZDeputyClerk]

In this case, he would have to petition the court to lift the Brady restriction. What type of petition and the way to go about that depends upon the laws in your state. You might be able to get some information from the Clerk's office in the court that had jurisdiction over the Orders of Protection. They can't give legal advice, but they may be able to tell you what he would have to do to get before the court to ask to have the restriction lifted.

As for getting the conviction off of his record, that's not possible. That said, it might be remotely possible that the record of that case could be sealed by court order. Some states provide for certain criminal records (usually certain misdemeanors) to be sealed by court order upon motion by the convicted party if certain requirements are met. It doesn't mean that the conviction is removed from the person's record-only that the record is sealed. Some states provide that when such a criminal record is sealed, that conviction cannot be held against the party for purposes such as pre-employment screening. In your case, you will want to research your state's laws to see what your options (if any) might be.

[cyjeff]

Even in situations where records are sealed, there are always employers that can review the sealed documents. Police forces and federal and state bureaus of investigation, for example.

In most states, that also includes fire departments due to their habitual inclusion in crime and/or emergency situations.