Criminal Law Questions? Ask a Criminal Lawyer.
The crime was "committed" against my mother. So based on what your saying, that does meet the Federal definition of domestic violence? I just do not want to go to the store, them run my background check. And be swarmed by police. I also recently had a background check performed for a new job and requested a copy of it. It does not even mention the charge in the JDR court in it. I assume this is because JDR records are sealed. Does that mean it will not show up at the store? Also I do not know whether or not to mark yes or no for the answer to the question: Have you ever been convicted of a crime of domestic violence.
Hi,I'm not saying it. The Federal government is saying it. The wording of the statute is quite specific. A child would not be able to commit an act of domestic violence against a parent. Frankly, that sound strange to me, but again, this is quite specific.From what I see, Virginia does appear to consider 18.2-57,2 a domestic violence offense but they will allow you to get your gun rights back if you were convicted of the misdmeanor rather than the felony. Given that the Federal definition is different, you could appeal this if denied, as I indicated.As for disclosing it, was this an incident that took place when you were less than 18 for which for some reason you were not sentenced until you were 20? If so, yes, it gets sealed. Otherwise it was an adult rather than a juvenile matter, so I am less sure. The clerk of the court where your conviction took place ought to be able to tell you if the records are sealed. But as government can see what other employers and citizens cannot, you should disclose the conviction.
I was 20 when this all took place. But like I said, It does not show up on the background check that I have. Also, it cut off your answer for whatever reason. Sorry if I am being bothersome!
I am actually unclear as to exactly the outcome. I know I had to plead guilty to get a felony charge dropped. I have actually been trying to get in touch with the lawyer that handled my case for some time to discuss the outcome with him, with no luck. I was sentenced to 2 years of probation and was not able to own a firearm during that time. I do not believe it was dismissed at that point though.
Ok. But if Virginia does not consider a conviction under 18.2-57.2 a crime of domestic violence. Then why would I have to answer "yes" for Have you ever been convicted of a crime of domestic violence?
Thank you so much! I believe you have a cleared up a lot of gray areas for me.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).