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PJC Assault on a female Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by Tina Simons, Nov 1, 2015.

  1. Tina Simons

    Tina Simons Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    Spouse has PJC for assault on a female in 99. Continued to serve honorably in the military. Deployed twice without incident. Retired 22 yrs. Attempted to purchase a shotgun and was denied. What should be the course of action? Attempt to have PJC overturned or appeal weapons permit denial?
     
  2. Betty3

    Betty3 Super Moderator

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    You might want to read these links: NC per IP address
    What is a PJC or Prayer for Judgment Continued | Raleigh Criminal Attorney & DWI Lawyer
    But a PJC will count as a conviction in almost all other respects. For instance, if someone receives a PJC for an assault on a female charge, that person will be treated by federal courts as having been convicted of an assault on a female charge and that person would potentially be subject to Violence Against Women Act’s requirement that someone convicted of such an offense be prohibited from owning or possessing firearms or ammunition.
    http://www.ncdoj.gov/getdoc/c1b5e945-93cd-4575-9897-1f7830f33a90/NC-Firearms-Laws-2006-(2).aspx see page 4 re assault on female
     
  3. army judge

    army judge Super Moderator

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    If domestic violence was involved, the only way to get his rights restored is to seek a FULL PARDON by your governor, Nikki Haley.

    Before you ask, FULL PARDONS are rare, very rare, and the process takes years to complete for the lucky ones.

    I'm surprised he was allowed to stay in the military with such a conviction.

    I guess it was kept hush hush, or someone kept his CoC in the dark, or the wool was pulled over their eyes.

    Police Officers have bene fired over such convictions.

    As a former military judge, and a JAG, I'm not surprised this happened, because it should have hit him harder 15 years ago.

    Here's the federal law that applies in these situations, even for misdemeanor convictions.

    The Domestic Violence Offender Gun Ban often called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104–208,[1] 18 U.S.C. § 922(g)(9)[2]) is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D - NJ).

    Insofar as PJC, unique to your state NC:

    The use of prayer for judgment continued, a practice virtually unique to North Carolina, at least by that name—varies. In short, some people slip through the cracks, most got slapped down starting in earnest about late 1997, early 1998.

    Generally, once its known that a person has such a conviction, a gun is forever out of his or her future!!!!

    In essence your husband was very lucky to be allowed to continue serving, as most ended up purged, and few were allowed to retire, unless the retirement was imminent (say 3 to 6 months, no mor ethan a year).
     
  4. Betty3

    Betty3 Super Moderator

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    It seems the 2nd link above in my post might not come up by clicking on it - you can try posting it in your browser. You can also do a google search on the info you want.
     

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