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  1. #1
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    Default Juvenile Felony Record Hindering Employment

    My question involves criminal records for the state of: Massachusetts

    Hello,

    To give a little background I am currently 24, and have been serving in the US Army for 4 years with a combat deployment as an infantryman. I have earned the rank of Staff Sergeant and have a flawless record and amazing reviews from superiors. I am also married with a child and a part-time college student.

    When I was 14-17 I was arrested twice for assault and battery within my household. I had been in an altercation on two seperate times where it involved me pushing my mother and then later getting arrested. I also have a knowingly receiving stolen property charge +250 (which is a felony in MA). I am coming towards the end of my enlistment in the Army, and for the sake of my family and being able to raise my children I have decided not to re-enlist and finish my degree. After my degree I want to become a LEO in the State of California. No I am thinking I need to get rid of these records as for some reason when I went to purchase a firearm I was denied (I know it does not make sense to me either).

    I need help on how to remove this from my past so that I may continue on with my life. Any help would be greatly appreciated as to what courses of action I should consider and how to go about being eligible to become a police officer.

    Thank you in advance for your help it is much appreciated.

  2. #2
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    for some reason when I went to purchase a firearm I was denied (I know it does not make sense to me either).
    it doesn't make sense to you?

    (g)It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

    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.
    unless the possible penalty for the felony was less than one year, you are not allowed to possess a firearm.

    I believe the other charge disqualifies you as well. To me it amounts to domestic violence which disqualifies you.

  3. #3
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    How the charge removes my right to possess a firearm if I have been granted a secret government clearance in the US Army, which would not be possible under the Lautenberg Agreement, if I was charged with domestic violence. Also, you can not be "convicted" as a juvenile you are only "adjudicated". No need for the harsh response.

  4. #4
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    Quote Quoting 11Bis4me
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    How the charge removes my right to possess a firearm if I have been granted a secret government clearance in the US Army, which would not be possible under the Lautenberg Agreement, if I was charged with domestic violence. Also, you can not be "convicted" as a juvenile you are only "adjudicated". No need for the harsh response.
    sorry but I know a couple, at the time of the crime and trial, juveniles that will spend the rest of their lives in prison for being convicted of some really serious crimes.


    and whatever clearance you had is irrelevant. The law is clear: if you have been found guilty of a felony that has at least 1 year of imprisonment possible or you have been found guilty of a domestic violence charge, you are not eligible to possess a firearm.

    and there was nothing harsh about the response. I was just amazed at the question itself since it is commonly known that a felon cannot possess a firearm.


    The Lautenburg Amendment deals with domestic violence crimes. Maybe they do not consider your crimes as domestic violence for the purposes of the firearm issue. I didn't look that much into is since the felony dq's you anyway. The Lautenburg Amendment does not involve the felony conviction.

  5. #5
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    So the charge can say I cannot have a firearm, but I would still be given a firearm from the government? I am just confused at the reasoning behind it. Also, is there anything I can do considering that they were juvenile charges almost 10 years ago?

  6. #6
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    As you are aware, the Lautenhurg Amendment would prevent you from possessing a firearm, even in the military, if it were applicable. The USC (US Code) excepts felons in the military for many crimes not covered by the Lautenburg Amendment. That is why they wrote the Lautenburg Amendment, to remove weapons from even military personnel that have been convicted of a domestic violence crime. Otherwise, they would be able to possess a weapon, at least one issued by and for the military.



    As to getting your rights reinstated; depending on who you speak with, it is either very difficult or impossible.

    The simplest way is to appeal to the Attorney General and ask. From what I understand, that system is a dead end for a variety of reasons.

    So , that leaves, under regaining your rights under federal law, an expungement and if the expungement includes a restriction of your firearm rights, an order to have your rights restored or, a pardon. Not good odds.


    Then depending on what state is involved, the requirements vary. While an expungement is supposed to restore your rights under federal law, it does not do so under, as an example, under California law.

  7. #7
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    So essentially I am looking at never becoming a police officer, does the fact that they are juvenile adjudications play no role whatsoever?

  8. #8
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    Default Re: Juvenile Felony Charges Hindering Employment As Leo

    Not sure.

    I would start with reviewing your record to determine how the issues are reported. Maybe you are not aware you benefited from some diversion program where they ended up not actually being on your record. I presumed that wasn't the case since you did not mention it but I would at least look into it.

    I have not researched it at all but maybe there is a possibility of a Governor's pardon in your state. I know in mine it is a simple process and commonly applied for.

  9. #9
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    Default Re: Juvenile Felony Record Hindering Employment

    Quote Quoting 11Bis4me
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    When I was 14-17 I was arrested twice for assault and battery within my household.
    Massachusetts prosecutes 17-year-olds as adults. You should have noticed if the charge proceeded in adult court, as opposed to juvenile court, though....

  10. #10
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    Default Re: Juvenile Felony Record Hindering Employment

    Everything was in juvenile court, after reviewing everything it was prior to my 17th birthday. Any idea how it being juvenile can change the possible outcome for myself and possible career?

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