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My friend was convicted of a gross misdemeanor for DV in Wa. state 3 years ago and wants to be a correctional officer and this charge is keeping him from doing this cause he won't be able to carry a gun. He never had problems before this and since then. Can he go back to court to appeal it with a lawyer and try to get it expunged? And what are the chances of getting it off?

2007-03-28 05:08:39 · 5 answers · asked by freekin 5 in Politics & Government Law Enforcement & Police

5 answers

Probably way too late to appeal (most places, it's 30 days after the judgement. WA may be different).

If he pled guilty, he might be able to attempt a Petition For Post-Conviction Relief, which challenges the constitutionality of the guilty plea hearing. Some states limit the time in which such a Petition can be brought.

If he was convicted after a trial, he's probaly hosed. He might try to see if it is possible to get a waiver from either a state or Federal judge (I have no idea if this is even possible, but it is worth looking into).

If he absolutely can't get it off his record, and he cannot carry a gun, then he should look into being a correctional facilities counselor, if he wants to work with criminals.

2007-03-28 05:15:12 · answer #1 · answered by Anonymous · 0 0

Domestic violence charges are very rarely expunged. I doubt your friend will get a job as a correctional officer. He also cannot become a medical caretaker, either.

His chances are nil.

2007-03-28 12:52:51 · answer #2 · answered by Lisa S 3 · 0 0

Shes right you know. This is why the laws have "handgun/firearms disqualifiers" for domestic convictions.

2007-03-28 12:15:15 · answer #3 · answered by Quasimodo 7 · 0 0

"My friend"... lol. Violent crimes, especially DV, can't be expunged. tough luck.

2007-03-28 12:13:34 · answer #4 · answered by BellaJ_DDils 3 · 1 0

He needs to find a different profession.............

2007-03-28 12:15:25 · answer #5 · answered by tallerfella 7 · 0 0

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