Help with background check

Radar Contact said:
Sorry if what I wrote didn't make sense. I'm saying that I would NOT trust the expunged thing. The FAA will ask if you've ever been arrested/charged. You then, thinking you were "expunged", say no. I wouldn't bet the rest of my life's career that they don't find a record of it. When they do, you are done forever for lying. If you say yes. They will then ask the outcome of the arrest/charge.
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Agreed.

Although, even if the incident were expunged I don't see how a person could answer with a clear conscience, "no" to being arrested when the answer is clearly "yes", when being asked one of those type of questions. Saying no to being charged might be another story if charges were never made, even though you might have been arrested. At least if you say yes to the part that really did happen whomever is questioning can ask for clarification, at which point you can state what happened. Maybe it will show up in a background check and maybe it won't, but telling them first then having them find it is far better than not telling them and having them uncover something.

Regardless of career choice I think this would be a good situation to try and get out of with the least amount of damage to one's record. Something like this could come back to haunt you years later when you least expect it.
 
OP, like everyone else has told you, you need professional help that is well versed in California and firearms law. And if what you wrote was accurate, by all means, do NOT plead "guilty" as you are not the owner of the firearm, and you were not in possession of the firearm. If you need an attorney reference, PM me. Or go to Calguns as the folks there may have other referrals. But note that it likely will not be cheap.
 
Radar Contact said:
When they do, you are done forever for lying.
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That's not exactly true. If they think you lied, they will do an emergency revocation of all airman certificates, and allow you to reapply one year later. They can knock that down to 9 months without too much trouble. But you have to reapply for your medical, you have to re-take the written and re-take all practical tests to obtain what ever flying privileges you wish to exercise going forward.
 
You'd think by the time you were 30 you would know to keep your yapper shut when the Man comes calling. He probably already made incriminating statements. DO NOT TRUST THE COPS. EVER.
 
Right, and if you want a professional flying job, you'll have to explain why you have such an event on your history.
As it is, you'll be answering 18w YES, PRNC for the rest of your life.
 
On a side note, I'd wager there are operators in states like Texas, WY, Montana, that would still hire you, they'd probably view you as more of a victim than a criminal.
 
James331 said:
On a side note, I'd wager there are operators in states like Texas, WY, Montana, that would still hire you, they'd probably view you as more of a victim than a criminal.
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:lol::lol::lol:

I have been to villages in Alaska where more than 75% of the people living there are convicted felons. They sit around and talk of their time in federal prison like most people talk about a summer vacation.
 
Vito said:
Thank you, so an expunged record will not stop me from becoming a professional airline pilot?
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I don't care what the DA told you. He's lieing, (he's allowed to do that you know). There will be no expungement, you will pay a hefty fine, (probably more than a lawyers fees) and you will have probation, where the PO will do their level best to violate you, and have you locked up for the remainder of your probation, plus any other charges the PO can think of to tack on and add to your sentence. While on probation, your rights will be waived, you will not have the right to a trial, you will be subjected to warrentless searches, subjected to drug and alcohol screening at any time, day or night,.... You don't want this. Get a lawyer, preferably the best litigator, well versed in constitutional law, and weapons violations, that there is.
The only difference between probation, and being behind bars, is the bars.
 
mondtster said:
even if the incident were expunged I don't see how a person could answer with a clear conscience, "no" to being arrested when the answer is clearly "yes", when being asked one of those type of questions.
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I got involved with this once as a supervisor... an enemy of an employee reported he'd lied about never being convicted. Turns out the court's expungement order stated that the conviction never occurred. So though there was a newspaper story, legally, it never happened... so his good-faith statement was legally correct. No foul.

Paul
 
Get two lawyers. One to defend yourself, one to sue the chick for damages.
 
mondtster said:
...I don't see how a person could answer with a clear conscience, "no" to being arrested...
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Are you kidding me?

Because according to the constitution of the United States of America, the instrument that the fabric of the great nation was woven with, he committed no crime, if anything he is a victim.

I don't see how anyone sworn to uphold the constitution, or who calls themself a American, could with a clear conscience arrest and charge an American citizen exercising their RIGHTS.
 
I am involved with background checks for the company I work with. It is amazing what shows up on background checks. Criminal checks include local, county, state, and federal databases. I don't think I'd be comfortable that a local DA saying something was expunged means it will never turn up on a background check down the line. If any of the on-line services that collects that data ever fails to remove the data from their records it could show again.

In addition, many applications ask if you've ever been convicted of a crime other than traffic citations. Saying no after you accept this plea-bargain could be grounds of termination or worse on its own.

In short, Get A Lawyer
 
James331 said:
Are you kidding me?

Because according to the constitution of the United States of America, the instrument that the fabric of the great nation was woven with, he committed no crime, if anything he is a victim.

I don't see how anyone sworn to uphold the constitution, or who calls themself a American, could with a clear conscience arrest and charge an American citizen exercising their RIGHTS.
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I think some folks are misinterpreting my statement. There is a difference between being arrested, being charged of a crime, and being convicted of a crime. If the question on the application asks "have you been arrested" it is not asking "have you been convicted". I can, and would state no to a conviction or being charged, assuming the case was dropped or expunged, but the arrest may still show up on a background check.
 
Being arrested means you were suspected of a crime.

The 2nd gives you the RIGHT to bear arms, thus there was no crime, so it's not a arrest, perhaps a kidnapping, but not an arrest.
 
flyingron said:
Nothing is completely expunged. If you get convicted on this, you will answer 18w YES. Now you can explain it to the first AME you run into and hope that PRNC will suffice going forward, but it's always fair game for an AME to ask you to explain yourself. While you might be able to have an aviation career with such a history, the best outcome is to avoid this conviction period.

When the cops say that it will be easier if you just plead guilty, they mean it will be easier for them. It's not in your best interest.
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Yep, we have been turning more and more into a place where it's one-strike and you're out.

Terry L in KY said:
I don't believe I can state any with proof/authority. I simply know that different states handle expungments differently, and dispose/seal/destroy in a variety of ways. This is a serious charge that may well prevent one from owning/possessing firearms, voting, holding an office or position of trust in the future. I simply wouldn't take the police/DOJ's word that, "it'll be fine...plead guilty, and you can have it expunged". The police/prosecutors do NOT have the defendant's best interest in mind.
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And in some places they have an incentive to try and keep people from ever since waning firearms, period.
 
Public defenders are usually pretty good. Ask for one and see if you can get one. They defend all sorts of crimes and know the judges. Probably BETTER than a run of mill lawyer out of the yellow pages frankly.
 
coloradobluesky said:
Public defenders are usually pretty good. Ask for one and see if you can get one. They defend all sorts of crimes and know the judges. Probably BETTER than a run of mill lawyer out of the yellow pages frankly.
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Never saw any one describe public defenders as good. Might depend on location. The ones I have seen could easily be disbarred for malpractice, if not for equally incompetent prosecutors.

There is a reason our justice system favors the wealthy.


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Seems like the kind of case the NRA would love to help with so they can get it overturned. Maybe you can get a good attorney for nothing from them?
 
Jake said:
Seems like the kind of case the NRA would love to help with so they can get it overturned. Maybe you can get a good attorney for nothing from them?
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NRA avoids court all costs. Losing a court case and setting a precedent would be a disaster. Both legally and financially.


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So, has Vito been arrested and charged, or was he smart enough to quit getting advice from a bunch of guys on the internet?
 
The NRA and AOPA have a lot of commonality. Neither picks fights they know they can't win but take a lot of credit when things go their way even if they did anything hardly causal. They certainly aren't like the ACLU and going to go "defend the individual" in some court proceeding.
 
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