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  1. #1
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    Default Detained for Warrant Violation, but Charged with Battery of Spouse

    My question involves criminal law for the state of: California.

    Hey everybody. I'm going to keep this as short as possible for the sake of everybody, but if you need more information to assist, please, please reach out to me. I was charged for pc 243 (e) (1) Spousal battery back in 2011, in Riverside County. It is important to note that I got the charge expunged on 10/20/16, so it shows up as not guilty and dismissed. Before I got it expunged though, on 12/29/2014 I was pulled over not having my headlights on while driving in El Dorado County. I was detained and my background was run, and I was arrested because apparently I had a warrant out for probation violation.
    I go down to Riverside to get it straightened out, and they made a mistake and probation was reinstated and no charges or changes were filed. It was simply dropped.

    I got denied a great job as an EMT because of some statues in Nevada, namely NRS 449.174 number 6 (A crime involving domestic violence that is punishable as a misdemeanor within 7 years.) I cant work as an EMT, Or Paramedic, or any sort of EMS for 7 years, or until I get this cleared up. So this is of the utmost importance.

    I file a challenge to find out why I got denied, and my charge from El Dorado county shows up on the form. My questions are: Why was I charged for Battery when I was just detained for a warrant that should not have been issues in the first place? How do I rectify this?

    I have documents to prove my dismissal of the initial charge, the dismissal of the probation violation/warrant, and the incorrect charge of Spousal Battery in El Dorado County.

  2. #2
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    Sep 2005
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    The problem you have is that the original offense occurred in CA, was charged in CA, and was expunged in CA. You are trying to get a job in NV. The CA Penal Codes dealing with expungements may not be easily translated.

    If your background comes up with an arrest or detention in El Dorado County, it is likely because you were booked (usually means you were fingerprinted and photos taken). The "hit" likely reflects the arrest as a detention. But, from what you write THIS is not the issue. The issue appears to be the original conviction for a domestic battery (PC 243(e)). You may have to work with a NV attorney to see what you can do.

  3. #3
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    Quote Quoting cdwjava
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    The problem you have is that the original offense occurred in CA, was charged in CA, and was expunged in CA. You are trying to get a job in NV. The CA Penal Codes dealing with expungements may not be easily translated.

    If your background comes up with an arrest or detention in El Dorado County, it is likely because you were booked (usually means you were fingerprinted and photos taken). The "hit" likely reflects the arrest as a detention. But, from what you write THIS is not the issue. The issue appears to be the original conviction for a domestic battery (PC 243(e)). You may have to work with a NV attorney to see what you can do.
    Thank you for the advice, but the original charge has been taken care of. I sent a copy of the dismissal to the board who denied me employment, but I still need to take care of the arrest in El Dorado County. I'm not sure why the arrest was for the same charge, or how to get it sorted out and removed. The issue is the charge in El Dorado County.

  4. #4
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    Quote Quoting dli
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    Thank you for the advice, but the original charge has been taken care of. I sent a copy of the dismissal to the board who denied me employment, but I still need to take care of the arrest in El Dorado County. I'm not sure why the arrest was for the same charge, or how to get it sorted out and removed. The issue is the charge in El Dorado County.
    The arrest would be for the warrant. If the warrant for for a probation violation of PC 243(e), then the warrant will have read that it was an arrest for the pC 243(e), AND PC 1203.2 (the probation violation). The original violation comes back to life when you are alleged to have violated probation. So, you may have to get the issue clarified through both counties.

  5. #5
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    Quote Quoting cdwjava
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    The arrest would be for the warrant. If the warrant for for a probation violation of PC 243(e), then the warrant will have read that it was an arrest for the pC 243(e), AND PC 1203.2 (the probation violation). The original violation comes back to life when you are alleged to have violated probation. So, you may have to get the issue clarified through both counties.
    Thank you. Any idea how to go about this? The probation violation was dropped, and the allegation was false and incorrect. So perhaps if I get in touch with El Dorado County and show them that and the original charge was dismissed it can be removed?

  6. #6
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    It might be easier to get whatever record might exist of the arrest from El Dorado County and work with the agency in NV that is looking into it.

    El Dorado County is unlikely to erase an arrest that actually occurred. You were not charged, that should be easily determined from the records.

  7. #7
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    Thanks for the reply. I have already started working on that. The problem is that it looks like I reoffended, and since it looks like that I'm unable to get a job for almost 5 more years

  8. #8
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    California
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    Default Re: Detained for Warrant Violation, but Charged with Battery of Spouse

    It should be pretty clear by the records what the arrest was for - a warrant. If it looks like a fresh arrest, that would be a pretty spectacular screw up that would not have been supported by the documents presented to the jail.

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