tnpatriots
New member
Hi Folks!
This issue may have been covered already but I could not find it in a search, sorry.
About 11 (long) years ago I was arrested for possession of a controlled substance (cocaine) and went through the California Drug Diversion (PC1000) program. I completed the 18 month program and had the charges "dismissed". Great, end of story, or so I thought...
I have had several occasions since then to apply for jobs that included a criminal background check and I always answered "NO" to the question "have you ever been convicted of a felony...." (which is exactly what the California Penal Code Section 1000 says you can do). Never had any problems at all with the background checks.
Recently, however, for my job I had to undergo fingerprinting for a TSA background check. This type of background check turned up the original arrest from 10 years ago. The TSA requested information from me on the details and disposition of the arrest. Bottom line (after some legal back and forth between my company and the TSA) it turns out that even though the arrest and charges were "dismissed" by the California Court (per PC10000), the plea of "nolo contendre" (or no contest, which was a requirement for the diversion program) means that to the feds I was CONVICTED, end of story.
My question, obviously, is how will this affect any application for conceal carry or any firearms purchase and the criminal background check they do.
I would really prefer to hear from anyone who has direct experience with this type of situation.
Thanks in advance for all your help.
This issue may have been covered already but I could not find it in a search, sorry.
About 11 (long) years ago I was arrested for possession of a controlled substance (cocaine) and went through the California Drug Diversion (PC1000) program. I completed the 18 month program and had the charges "dismissed". Great, end of story, or so I thought...
I have had several occasions since then to apply for jobs that included a criminal background check and I always answered "NO" to the question "have you ever been convicted of a felony...." (which is exactly what the California Penal Code Section 1000 says you can do). Never had any problems at all with the background checks.
Recently, however, for my job I had to undergo fingerprinting for a TSA background check. This type of background check turned up the original arrest from 10 years ago. The TSA requested information from me on the details and disposition of the arrest. Bottom line (after some legal back and forth between my company and the TSA) it turns out that even though the arrest and charges were "dismissed" by the California Court (per PC10000), the plea of "nolo contendre" (or no contest, which was a requirement for the diversion program) means that to the feds I was CONVICTED, end of story.
My question, obviously, is how will this affect any application for conceal carry or any firearms purchase and the criminal background check they do.
I would really prefer to hear from anyone who has direct experience with this type of situation.
Thanks in advance for all your help.