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  1. #1
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    Person with a "Dismissed" felony conviction

    I have a cousin who was convicted in the state of California of a PC 487(A), Felony Grand Theft, back in 1998. Just recently, he was granted expungement/dismissal of said conviction persuant to California Penal Code section 1203.4. However, there is one prohibition regarding PC 1203.4, firearms. Even with his felony conviction expunged/dismissed, he still can not legally own or have in his possession or control any firearm. He has applied for a California Peace Officer position, but was disqualified due to this prohibition.

    My question is, if he were to move to Nevada, could he possibly qualify for a Peace Officer position there? Please be aware that he is no longer a felon due to PC 1203.4 and again he can not own or carry a firearm in the State of California. I am not familiar with Nevada State Laws, so if anyone can help, I would greatly appreciate it! Thank you in advance!!


    California Penal Code Section 1203.4

    1203.4. (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. 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 capable of being concealed upon the person or prevent his or her conviction under Section 12021. This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

  2. #2
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    Which dept is he looking at?

  3. #3
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    Quote Originally Posted by afboy3
    Which dept is he looking at?
    I don't think he's looking into any particular department, but one that would give him the best chance or opportunity to become a Peace Officer. Do you know of any department that would do this? Thanks!

  4. #4
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    The most laxed hiring standards would be NV DOC (about 5 months to process until time of hire). I would do that first and lateral over into a PD after a year. NLVPD and LVMPD will take laterals from corrections after one year time in service. The second choice would be DPS Parole and probation (about 6-8 months until you will be hired). P and P needs people pretty bad and it is considered a POST 1 academy which means a pretty easy lateral into a PD in NV. I hope this helps.....

  5. #5
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    California
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    Thank you for the info, very much appreciated!

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