Domestic Violence in Wyoming (6 Year Old Case)

My question involves criminal law for the state of: Wyoming

In 2003 I was charged with a misdemeanor domestic violence against a household member charged, ordered to pay a fine and complete anger management (both were completed). I was also placed on unsupervised probation for 3 years.

I ended up moving for the sake of college and now am employed at a company looking to move me to manage the location here in town. I have not gone to court to "clear" probation and am wondering what steps I should take now to finish the matter.

An interesting note: I called the courts in assuming that I could discover if I had any outstanding warrants for my arrest I should know about. The first call yielded a reluctant "yes, you might" while the following calls explained it was not something that was open to discussion. 3 background checks have yielded no information about any outstanding warrants where in other cases through these same checks that information is available.

I'd like to clear this up as the way I managed it years ago was fairly juvenile. I work at a shop that sells firearms, and though I do not personally handle them it will create an issue if this is not cleared should they put me in management. I have no clear understanding if this sort of a charge prohibits me from even touching a firearm.

The check from the company I work for states I was on deferred adjudication for 6 years, the end of which would be January 1, 2009. To be frank, I'd rather not spend time in jail if I can avoid it, but I need this situation cleaned to accept a fairly large promotion.

The large majority of background checks are looking for past arrest records. Warrants are basically arrests still waiting to happen, so they usually don't show up. Work with an attorney who can clarify if, in fact there IS an outstanding warrant, and who can help you to get it handled as quickly as possible. Be aware that it WILL require you to appear before the court that issued the warrant, but your attorney might be able to arrange for it to happen quickly without the need for arrest and jail time prior to getting before the judge to clear it up (which is what happens with most warrants that people don't handle and plan to deal with).

I sincerely appreciate your help. I have set myself up for legal consultation this week to see what I can do to proceed given the circumstances. Will clearing this matter require an attorney from the same county in which I was charged or will I be able to handle this from my current location (same state)?

Regardless, you are in violation of Federal law if you have access or possess a firearm and have ever been convicted of misdemeanor domestic violence.

18 USC 922(g) It shall be unlawful for any person—

<snip>

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that individual’s knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment—
(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Now I'm absolutely horrified. My initial concern was a matter of jail time for not handling this properly and now I'm in a position where I might have violated a large Federal law simply by working where I do.

We are not an ammunition store and cannot possess such, I do not handle the firearms in any way, am I correct in thinking that said information doesn't matter?

Is this going to end in a significant term or are there other methods of legal recourse to take? This situation was a first and only offense.

I would consult an attorney to see if working for a licensed entity constitutes shipping, receiving, or possessing. I would imagine that as a manager, you would have keys to the establishment, as well as access to the cabinet or safe where the firearms are kept. If so, I believe that this would be considered possession.

Constructive possession is a legal theory used to extend possession to situations where a person has no hands-on custody of an object. Most courts say that constructive possession, also sometimes called "possession in law," exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United Statesv. Derose, 74 F.3d 1177 [11th Cir. 1996]).

For example, people often keep important papers and other valuable items in a bank safety deposit box. Although they do not have actual physical custody of these items, they do have knowledge of the items and the ability to exercise control over them. Thus, under the doctrine of constructive possession, they are still considered in possession of the contents of their safety deposit box.

I can tell you that the law I mention has no exception for first offense- there is not even an exemption there for military or law enforcement officers. If you get caught, and ATF decides you are in violation, the penalties are quite severe. Your employer will lose his FFL, the firearms can be confiscated, and you are subject to a maximum of 10 years in prison.

Wyoming expungement for convictions does not exist.

Under Wyoming Statutes § 7-13-1401, a person may seek expungement when 180 days have passed since the arrest, or from the date the charge or charges were dismissed for which expungement is sought. There must be no formal charges pending against the person when the petition is filed, and the petitioner must sufficiently demonstrate that at least one of the following applies
1) there are no related dispositions;
2) no criminal charges were filed;
3) all criminal proceedings against the person were dismissed.

Under Wyoming Statutes § 7-19-405, the division shall expunge all identifiable information and DNA records in the state DNA database relating to the subject conviction when the underlying felony conviction is reversed and dismissed.

What sort of action would I need to take to limit the possible time spent in jail and or prison in this situation? I left employment today as there is no need to create any further issues and while I understand ignorance to the law is no excuse, I'm hazy on what it means for me to have been on deferred adjudication while in this situation.

I'm assuming the maximum time spent is for severe cases, and I highly doubt mine is considered severe by the court.