CAP Talk

General Discussion => Membership => Topic started by: Vito0321 on December 16, 2016, 07:40:05 AM

Title: Help with background check
Post by: Vito0321 on December 16, 2016, 07:40:05 AM
Hello everyone, I'm new here, but I thought this would be a good place to seek help and knowledge. 

I was dating a girl that owned an ar 15 and one day I came home from class and DOJ officers were in my girls place and when I came in they told me to sit and then arrested me and her for possession of an assault rifle ( California made ar15) they found a bottom magnet which supposedly turned it into an assault rifle.  Now the DA is offering me to plea guilty with one year of probation and then expunged it after the one year.  I'm 30 years old and never be arrested and I don't even know anything about weapon or their laws, and I'm getting my bs is aviation and flight training at San Jose state university. 

Now my question is what are my chance passing FAA and TSA and starting with regional.
I'm a flight student that was born to fly and I have very good moral character my whole life till i ran into this girl.   Please let me what u think of my chances and any advise ..thank you
Title: Re: Help with background check
Post by: abdsp51 on December 16, 2016, 09:10:47 AM
Talk to an attorney..
Title: Re: Help with background check
Post by: Al Sayre on December 16, 2016, 02:00:03 PM
I would contact your local NRA Chapter or the Second Amendment Foundation and ask for an attorney referral.  You need a good attorney who is familiar with the gun laws in your state, not some guy from the phone book.  NRA or SAF may even help defray the costs depending on the facts of the case.
Title: Re: Help with background check
Post by: kwe1009 on December 16, 2016, 02:39:50 PM
Story sounds strange but it is California so...

First, you have the right to remain silent.  Use that right.  Don't say anything else to anyone else about this, not even family or friends. 

Second, talk to a lawyer.

Title: Re: Help with background check
Post by: THRAWN on December 16, 2016, 02:44:32 PM
My Spideysense is tingling. Lots of missing info here. Follow the get a lawyer advice. All you're going to get here are a lot of guesses, barracks lawyering, and "what ifs". Every case is different.
Title: Re: Help with background check
Post by: abdsp51 on December 16, 2016, 03:30:59 PM
Quote from: THRAWN on December 16, 2016, 02:44:32 PM
My Spideysense is tingling. Lots of missing info here. Follow the get a lawyer advice. All you're going to get here are a lot of guesses, barracks lawyering, and "what ifs". Every case is different.

Yup.  There is alot here that is sketch. 
Title: Re: Help with background check
Post by: Toad1168 on December 16, 2016, 03:44:14 PM
Nothing about this post adds up.  And this has to do with CAP how?
Title: Re: Help with background check
Post by: Eclipse on December 16, 2016, 03:49:25 PM
Quote from: abdsp51 on December 16, 2016, 03:30:59 PM
Quote from: THRAWN on December 16, 2016, 02:44:32 PM
My Spideysense is tingling. Lots of missing info here. Follow the get a lawyer advice. All you're going to get here are a lot of guesses, barracks lawyering, and "what ifs". Every case is different.

Yup.  There is alot here that is sketch.

+1 - also this isn't "LAWTalk", and the issue is only peripherally involving aviation, let alone CAP.

And for you cadets out there watching this from the sidelines...

Quote from: Vito0321 on December 16, 2016, 07:40:05 AMI have very good moral character my whole life till i ran into this girl.

...heed and learn something - many of you are interested in, or already pursing highly, competitive careers in areas that require
pristine background checks.  For the average person with the average job, this is probably nothing but a hassle and a discussion over coffee,
but for someone who wants a slot that needs a top clearance, it could be the difference between public service and food service.

Despite the assurances, there's no such thing anymore as "expunged" - it's only a matter of how far you want, or need to look.

When you're involved with anyone committing a crime, no matter how minor, as soon as you know, you're involved.

To the OP, get a lawyer that's not a search engine and stop discussing this publicly, especially when posting PII.
Title: Re: Help with background check
Post by: abdsp51 on December 16, 2016, 04:06:25 PM
Mods, can we lock this??
Title: Re: Help with background check
Post by: SMWOG on December 16, 2016, 06:20:24 PM
Are you a member of CAP?
Title: Re: Help with background check
Post by: DJ Light Chop on December 16, 2016, 07:50:49 PM
Regarding the question of can you pass a background check if you have something expunged.  Yes.  HOWEVER a state CANNOT expunge a federal record.  (I have a friend who is a police officer who had a misdemeanor expunged)  When you do any kind of background check for a federal type check you have to list the conviction and remark that it was expunged because it will still show up in your NCIC records.  Make sure you have copies of the paperwork that expunges your record.  Legally an expunged conviction cannot be "used against you" (doesn't mean they won't still do it and blame it on something else). 
Title: Re: Help with background check
Post by: abdsp51 on December 16, 2016, 08:01:22 PM
Folks, stop posting anything that can be construed as legal advice. 

Few of us here are attorneys, and had been pointed out the OP post stinks. 

Mods please lock.
Title: Re: Help with background check
Post by: AirAux on December 16, 2016, 08:11:25 PM
I am a CAP legal officer.  I am also a Federal Judge.  Please do not agree to any plea and get a lawyer.
Title: Re: Help with background check
Post by: SarDragon on December 16, 2016, 08:34:29 PM
Get a lawyer.

Click.