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Police Employment After a Domestic Violence Arrest

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  • 07-26-2013, 10:28 PM
    Milton dew
    Police Employment After a Domestic Violence Arrest
    My question involves criminal law for the state of California

    I had a domestic violence misdemeanor charge that was dropped I'm not even sure if I was even really charged or not anymore.. But I also got a firearms surrender and officers came and took my gun. Would someone in my position ever be able to find a job in law enforcement with this history? Thanks
  • 07-26-2013, 10:32 PM
    davidmcbeth3
    Re: Police Jobsdq
    If the two were unrelated then any chance of being a LEO are gone..
  • 07-26-2013, 10:40 PM
    cdwjava
    Re: Police Jobsdq
    Quote:

    Quoting Milton dew
    View Post
    My question involves criminal law for the state of California

    I had a domestic violence misdemeanor charge that was dropped I'm not even sure if I was even really charged or not anymore.. But I also got a firearms surrender and officers came and took my gun. Would someone in my position ever be able to find a job in law enforcement with this history? Thanks

    How long ago did this occur? How old were you thn, and how old are you now?

    WHY were the charges dropped?

    If you had to surrender your firearms, were you able to get them back? If not, why not?

    As long as you were not convicted and there is no protective order or restraining order in place, there should be no legal bar to employment as a peace officer. However, this history would certainly be scrutinized hard by any agency background process. How much harm it might do will depend on the details of the case (because they will seek a copy of the report and speak to the victim and/or witnesses - maybe officer as well), the time that has passed since, your age and maturity at the time, and what you have done in the meantime. Education, a solid work history, and a clean history can go a long way to moving beyond this sort of thing.
  • 07-26-2013, 10:51 PM
    Milton dew
    Re: Police Jobsdq
    It's been about 3 years now and I'm not to sure if I am allowed to have a firearm now. I believe there was a temp RO also but was dismissed
  • 07-26-2013, 11:26 PM
    cdwjava
    Re: Police Jobsdq
    Quote:

    Quoting Milton dew
    View Post
    It's been about 3 years now and I'm not to sure if I am allowed to have a firearm now. I believe there was a temp RO also but was dismissed

    If you were not convicted, and there is no TRO/CPO, then why would you be prohibited from owning or possessing a firearm?
  • 07-27-2013, 01:18 AM
    davidmcbeth3
    Re: Police Jobsdq
    Quote:

    Quoting cdwjava
    View Post
    If you were not convicted, and there is no TRO/CPO, then why would you be prohibited from owning or possessing a firearm?

    I don't think he knows how to respond to that query...as he is not sure if he can own a gun .. he did not get his guns back after surrendering them obviously (for whatever reason).

    Being a cop? Don't see it so far....
  • 07-27-2013, 10:37 AM
    Milton dew
    Re: Police Jobsdq
    I believe it is that the judge filed a firearm surrender when the TRO was filed and then when the TRO was dropped, the surrender was kept in place. Is that possible ? Is that bad?

    - - - Updated - - -

    The charges where bogus and my girlfriend who I am still with them all dropped.
  • 07-27-2013, 11:34 AM
    cdwjava
    Re: Police Jobsdq
    Quote:

    Quoting Milton dew
    View Post
    I believe it is that the judge filed a firearm surrender when the TRO was filed and then when the TRO was dropped, the surrender was kept in place. Is that possible ? Is that bad?

    The firearm surrender is automatic with a TRO unless a waiver is obtained. If the TRO has been dropped, then no such prohibition should still be in place absent a conviction.

    Quote:

    The charges where bogus and my girlfriend who I am still with them all dropped.
    That may not be as big a boon as you might think.

    Any prospective agency will scrutinize the report and the events of that night, and if they are not a few years in your past, this will seriously impede your chances of employment as a peace officer.
  • 07-28-2013, 10:49 AM
    Milton dew
    Re: Police Jobsdq
    If the surrender was still in place even after the TRO was dropped, would there be any way of expunging it. Because I have got a recent letter from the courts and it states the firearm surrender on it still but no domestic violence charges? Thank you for your info
  • 07-28-2013, 04:40 PM
    cdwjava
    Re: Police Jobsdq
    The surrender of the firearms is part of the TRO. You cannot "expunge" a TRO as it is not a criminal conviction.

    What, exactly, does this letter from the courts say as to WHY you are still prohibited from possessing a firearm? The only thing I can think of is that the TRO is still in place, or, something else is a problem in your background that prohibits you from owning or possessing a firearm. Or, there is a SNAFU with the court and the letter was auto-generated for some reason.
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