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Relief to Weapon Prohibition for military

Discussion in 'Criminal Records, Expungement' started by Wethepeople, Aug 2, 2019.

  1. Wethepeople

    Wethepeople Law Topic Starter New Member

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    Jurisdiction:
    California
    I have been convicted of 22810(g)(1)PC and 242 PC about 3 years ago, now that my informal probation is coming to an end I wanted to enlist in the military but I have a 10 year restriction from using, possessing or owning any dangerous or deadly weapons/firearms in accordance with 29805 PC. I am currently in the process of appealing the case under IOC basis along with other issues and depending on whether or not the case is later dismissed I wanted to know if I can request any relief for the purposes of enlistment in the military occupation under section 29855 or 29860, or whether expunging my records will reestablish my 2nd amendment rights federally and statewide
     
  2. adjusterjack

    adjusterjack Super Moderator

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    If any of those convictions were for felonies your federal prohibition is permanent and I doubt that you'll be accepted into the military with that kind of criminal record.

    You might want to talk to a recruiter about all that.
     
  3. Wethepeople

    Wethepeople Law Topic Starter New Member

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    Thanks for your response, I have been speaking to a few recruiters, all misdemeanors
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Then I suggest that your attorney would (or should) have the answer to your question.
     
  5. Wethepeople

    Wethepeople Law Topic Starter New Member

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    Thank you for your response, I appreciate all concrete factual legal Information members could provide relating to this topic
     
  6. Tax Counsel

    Tax Counsel Active Member

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    PC 22810(g)(1) is unlawful use of tear gas and PC 242 is the crime of simple battery. So I'm guessing the allegations here were that you used tear gas on someone else and that it was not in self-defense. PC 242 is a misdemeanor crime. PC 22810(g)(1) is what is known in California as a wobbler; it can be charged either as a misdemeanor or as felony. Apparently in your case it was charged as a misdemeanor (or later reduced to a misdemeanor) if I understand your response above correctly. The maximum penalty in the statute for a PC 22810(g)(1) offense when charged as a misdemeanor is one year county jail and fine. What this means to you is that neither crime triggers the federal lifetime ban on firearm possession under 18 U.S.C. § 922(g). So all you are subject to here are the state restrictions on firearm possession.
     
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  7. Wethepeople

    Wethepeople Law Topic Starter New Member

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    Thank you for your response, yes this is correct, do you think in such a situation relief could be granted for state Prohibitions and whether this will ultimately effect my ability to enlist in Federal branches of the military as apposed to state ran branches such as the national guard?
     
  8. mightymoose

    mightymoose Moderator

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    You need to discuss it with a recruiter. You will need to jump through some hoops to achieve your goal. It is possible, but not necessarily easy or fast.

    Some situations just require a waiver in the recruitment process. You may not have to go to court at all.
     
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  9. Disabled Vet

    Disabled Vet Active Member

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    mightymoose is correct.... The recruiter will tell you if they can get you a waiver to join based on your criminal record. Keep in mind even if you were to get your record expunged the military will still see it. So again.... Talk to the recruiter.
     
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  10. flyingron

    flyingron Active Member

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    There are two issues here. Unless the federal firearm disability came from a crime of domestic violence, it doesn't apply to the military.

    The bigger issue with a couple of serious crimes on your record, even if they were NOT gun or DV related, the military isn't likely to take you at this point anyhow. This would ABSOLUTELY require a waiver and the military is overstrength in the general enlistment, so they're not particularly inclined to issue such.
     
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