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  1. #1

    Default Restoring Gun Rights from Domestic Assault Conviction

    My question involves criminal law for the states of: Tennessee and Michigan.
    I reside in Michigan now, but was convicted of misdemeaner domestic assault in Tennessee, in June of 2002. There were no weapons involved and no bodily injury. Tennessee's law stated, "any perceived threat", which lead to my conviction. I'm a Gulf War vet and would like to know if there is any way to restore my gun rights. I've longed to rejoin the service, or get a law enforcement job. Can you help?

  2. #2

    Default Re: Restoring Gun Rights from Domestic Assualt Conviction

    If there's a conviction for a DV charge, even without "actual violence", you can pretty much kiss a law enforcement career goodbye. Even if the record of the conviction is expunged, law enforcement will still see it on a background check, and this is enough to bar you from employment as a sworn officer.

    Military service may be possible after expungement - perhaps some other poster more "in the know" on military policy and procedure can comment further.

    If seeking to expunge the record in Tennessee, you'll want to consult an attorney who specializes in this area, because the way I'm reading the Tennessee statutes, they only offer expungement if there was:

    - Pre-Trial Diversion, or
    - Judicial Diversion, or
    - your Charges were dismissed, or
    - a No True Bill was rendered by Grand Jury, or
    - you obtained a verdict of "not guilty" returned by jury, or
    - if your Conviction was reversed on appeal, or
    - in cases where you were detained by police but not charged



    See Title 40, Chapter 32, Section 101 ( 40-32-101) at

    http://www.michie.com/tennessee/lpex....htm&cp=tncode
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  3. #3
    Join Date
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    Default Re: Restoring Gun Rights from Domestic Assualt Conviction

    In most cases, DV convictions cannot be expunged.

  4. #4
    Join Date
    Mar 2007
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    Default Re: Restoring Gun Rights from Domestic Assualt Conviction

    If you were convicted, expungement is not an option.

    Tennessee Code Annotated 40-32-101. Destruction or release; construction of law

    (a)(1) All public records of a person who has been charged with a misdemeanor or a felony, and which charge has been dismissed, or a no true bill returned by a grand jury, or a verdict of not guilty returned by a jury, and all public records of a person who was arrested and released without being charged, shall, upon petition by that person to the court having jurisdiction in such previous action, be removed and destroyed without cost to such person; however, the cost for destruction of records shall apply where the charge or warrant was dismissed in any court as a result of the successful completion of diversion program according to 40-15-102--40-15-105; provided, that such cost for destruction shall not exceed twenty-five dollars ($25.00); provided, that the records of a person who successfully completes a diversion program pursuant to 40-15-102--40-15-105 shall not be removed and destroyed pursuant to this section if the offense for which prosecution was suspended was a sexual offense as defined by 40-39-102(5); provided, however, that when a defendant in a case has been convicted of any offense or charge, including a lesser included offense or charge, the defendant shall not be entitled to expungement of the records or charges in such case pursuant to this part.

    (2) All public records of a person required to post bond under the provisions of 38-3-109 or 38-4-106 (repealed) shall be removed and destroyed as required by this chapter upon the expiration of any bond required, if no surety on the bond is required to fulfill the obligations of the bond.

    (3) Upon petition by a defendant in the court which entered a nolle prosequi in the defendant's case, the court shall order all public records expunged.

    (4) For purposes of this section, "court" includes any court exercising juvenile jurisdiction.

    (5) All public records concerning an order of protection authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to 36-3-605, shall, upon petition by that person to the court denying such order, be removed and destroyed without cost to such person.

    (6) All public records of a person who has been convicted of an offense that was committed prior to such person's twenty-first birthday shall, upon petition by such person to the court having jurisdiction over the original conviction, be removed and destroyed if such person:

    (A) Has not been convicted of an offense except for the offense to which the petition pertains;
    (B) Was not convicted of a sexual offense as defined by 40-39-102(3) [now 40-39-102(5)];
    (C) Pays a fee to be established by the court for the destruction of such public records; provided such fee shall not exceed twenty-five dollars ($25.00).

    (b)(1) "Public records," for the purpose of expunction only, does not include arrest histories, investigative reports, intelligence information of law enforcement agencies, or files of district attorneys general that are maintained as confidential records for law enforcement purposes and are not open for inspection by members of the public and shall also not include records of the department of children's services or department of human services which are confidential under state or federal law and which are required to be maintained by state or federal law for audit or other purposes.
    Whenever an order of expunction issues under this section directed to the department of children's services or department of human services, the department shall notify the defendant if there are records required to be maintained as directed above and the basis therefor. The department shall
    delete identifying information in these records whenever permitted by state or federal law. These records are to be expunged whenever their maintenance is no longer required by state or federal law.

    (2) "Public records", for the purpose of expunction only, does not include appellate court records or appellate court opinions.

    (c)(1) Release of such confidential records or information contained therein other than to law enforcement agencies for law enforcement purposes shall be a Class A misdemeanor.

    (2) This section shall not be construed to deny access to any record to the comptroller of the treasury or the comptroller of the treasury's agent for purposes of audit investigation; the comptroller of the treasury or the comptroller of the treasury's agent having such access shall protect the confidential nature of any such records which are not otherwise public under other statutes.

    (3) Release of arrest histories of a defendant or potential witness in a criminal proceeding to an attorney of record in the proceeding shall be made to such attorney upon request.

    (d)(1) Any court ordering the expungement of a person's public records of a criminal offense, including orders issued as a result of the successful completion of a diversion program pursuant to 40-15-105 and 40-15-106 or judicial diversion program, shall send or cause to be sent a copy of such
    expungement order to the Tennessee bureau of investigation for entry into its expunged offender and pretrial diversion database. The order shall contain the name of the person seeking expungement, the person's date of birth and social security number, the offense that was dismissed, the date and
    cause of such dismissal and the date the order of expungement is entered.

    (2) After April 25, 2000, a defendant petitioning a court for expungement of records because the charge against such person was dismissed as a result of the successful completion of a diversion program pursuant to 40-15-102-- 40-15-106 shall be assessed a fifty dollar ($50.00) fee. Such fifty dollar ($50.00) fee shall not apply to any case where there has been an acquittal, nolle prosequi, or dismissal for failure to prosecute or where the law does not require a copy of the expungement order be sent to the Tennessee bureau of investigation. Such fee shall be transmitted by the clerk of such court to the state treasurer for deposit in a special fund to be used by the Tennessee bureau of investigation for the exclusive purpose of establishing and maintaining the expunged criminal offender and pretrial diversion database. The moneys received in such fund shall be invested for the benefit of the fund by the state treasurer pursuant to 9-4-603. Amounts in the fund shall not revert to the general fund of the state but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years.

    (e) It is the intent of the general assembly that no fee ever be charged a person who is petitioning a court for expungement of records because:

    (1) The charge against such person was dismissed for a reason other than the successful completion of a diversion program pursuant to 40-15-102-- 40-15-106 or 40-35-313;

    (2) A no true bill was returned by a grand jury;

    (3) A verdict of not guilty was returned by a jury; or

    (4) The person was arrested and released without being charged.

  5. #5
    Join Date
    Dec 2008
    Location
    Metro Atlanta
    Posts
    71

    Default Re: Restoring Gun Rights from Domestic Assault Conviction

    An expungement won't matter for a law enforcement career. You're still going to have to disclose the arrest. In Georgia, if we wanted to try and get a person certified with a DV arrest, we would need to submit the following to the state when we requested and arrest: a copy of the incident report, paperwork showing that the case was dismissed, and a sworn statement from the perp about the case.

    http://www.usdoj.gov/usao/eousa/foia...9/crm01117.htm

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