CC Permit and Drug Possession "Conviction"

[tnpatriots]

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.

[Glockster20]

Most employers do a check with NCIC on convictions. Any government job or contractor including law enforcement is going to check beyond NCIC. They want to know if you have ever been arrested, for anything. Arrests do not show up in NCIC search. If you have been arrested, you have been finger printed and those prints go into a database. That is how they find out about the arrest. I think you will be able to get a permit in certain states but not in others.

[tnpatriots]

Glockster20,

Thanks for the quick reply! My state is TN, any opinion :) Yes, it was the fingerprint check by TSA that "did me in". Good news about the TSA thing is that I can reapply next July (2010). That will be the expiration of the magical 10-year period from "conviction".

Would you say that the same line of reasoning applies to the background check for any firearms purchase as for the CC permit application, or are they two different kinds of checks?

Thanks again for the info, I'll probably just start with trying to purchase a firearm and take it from there :)

[Glockster20]

Just having an arrest record is not going to keep you from purchasing a firearm. Chances are really good if you can buy a firearm, you will have no problem getting your CCW permit. By the way, welcome to the site. Lots of really knowlegeable folks here. Stick around, you will learn a lot. Good luck!

[tnpatriots]

Thanks again Glockster20!
I had and enjoyed a S&W 9mm for some time and when the possession thing happened I thought that would be a big problem in CA.
I'm out of that hellhole for good now and would like to resume my shooting hobby. Thanks for the encouraging words, great community here :)

[NCjones]

A no contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain. You agreed to plead "no contest" to avoid jail time and be allowed to attend the program. If you had plead guilty, you would have had to do jail time.

[vn6869]

Sounds like you made some bad decisions earlier. That's life.

[tnpatriots]

Actually, the only bad decision I made was to read your reply. I don't suppose you actually have anything of substance to contribute to discussion...

[JJFlash]

Originally Posted by tnpatriots

Actually, the only bad decision I made was to read your reply. I don't suppose you actually have anything of substance to contribute to discussion...

Be mellow, my friend. I didn't read the prior post as "flaming you" but just stating that sometimes we make bad decisions; that IS life. For the record, posting like this leaves something to be desired in discerning the "nuance" of what someone has written. I have sometimes thought I was being slammed only to realize later that I "misread" what was being said. I don't think you were being disrespected, here.

Ok, to the topic at hand. Growing up in the sixties and early seventies (graduated high school in 1971), I, too, ran afoul of the law once or twice (!!) because of...ahem...youthful indiscretions. Use your imagination. I was unpleasantly surprised 15 years later to find that these indiscretions were coming back to haunt me a bit. I worked for a certain "company" in Washington D.C. which initially dug up one or two things from way back that I wasn't too proud of. I "fought" through it and eventually prevailed. You need to do the same.

Regards.

[Glockster20]

I think most of us are guilty of poor judgment and bad decision making at one time or another. I'm sure if we look back, there aren't too many folks that haven't done things in their past that they're not proud of. Some got away with it and others got caught.