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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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I was arrested 12/88 for battery on person.

Resolved Question:

I was arrested 12/88 for battery on person. Charge dismissed to inflict corporal injury on spouse cohab. Charge dismissed for plea to other charge 242 243 A PC-Battery.Sentence was convicted given unsupervised probation for 3 years. I have just recently had my conviction set aside and the charge dismissed pursuant to penal code section 1203.4/1203.4A. I was orgionally arrested in San Diego, Ca. I completed 19 yrs. in the Navy. Retired in 1999 and      went to work as a correctional officer. At that time no arrest       showed on my background check that I know of. I am interviewing   for a new job where I must be able to obtain possesion of a firearm. I already worked as a correctional officer for 7 years and was in possession of state issued firearms almost every day.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.


I will need a timeline and a disposition to help you - please answer the following for me

12-88 battery reduced to corporal injury - correct ?

On that charge you got unsup probat 3 years - correct?

And now, after 19 or so years you have your convictions expunged?

And your question is - are you eligible to purchase a firearm or be in possession of one for employment - even though you already had employment where an extensive background check would be expected - correct?

Please let me know if I am understanding you correctly.

Thanks ~ M



Customer: replied 8 years ago.
Yes, everything is correct.. When I applied for the job as a correctional officer in 1999 nothing showed up on my background check. I have a different job now and my fingerprints are showing up at the FBI criminal justice information services division. There is no record in San Diego, Ca. of my arrest.

Expert:  Michelle replied 8 years ago.


This is what the1203.4 section states

Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.

And there are exceptions to when your prints will not show up even with an expungement -

1) When you apply for a for peace officer or public office,

2) In an application for a state license; or

3) Contracting with the California Lottery Commission.

In all other cases, you can deny the conviction.

Someone should have explained this to you - also keep in mind that when a check is run - an expungement will show as such - but no information is obtainable


If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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