LASD CCW Process — Should I Disclose a Dismissed Misdemeanor?

[ClickBangDone]

I’m about to start the CCW process with LASD and I have a question that I’m hoping you guys can help me with.

A few years ago, I was charged with a misdemeanor. It was dismissed on a deferred judgement deal that my lawyer had worked out with the DA. But I was told that although it effectively never happened, it would still show up on federal records as a No Contest plea.

It wasn't a serious offense and hasn’t caused any issues with buying firearms or passing background checks. Without going into detail, it was a Park Ranger and her boss turning what should have been a traffic ticket into something more than it was. In hindsight, I should’ve fought it, but I didn’t.

So, here’s my question:

Should I disclose it on the CCW application? I don’t want to accidentally omit something that could cause issues down the line, but since it’s been dismissed, I’m not sure if I’m required to list it. Plus I’m hesitant to self-disclose something that’s supposed to be treated as if it never happened. The whole point of the plea deal was for it to be dismissed and to not exist, so I don’t want to create any official records for something that's not supposed to exist in the eyes of LASD or the State of California.

I'm leaning towards not putting it on there but I would appreciate any advice from those who’ve gone through the process. Thanks in advance!

 

[Glock270]

I would put it on there.. Had the same situation as a minor over 30 years ago, record was expunged but I still listed just in case. Especially since yours was just a few years ago, they will find out regardless. Looks better that you disclosed it and are not hiding anything.

 

[Freetureless]

Nothing gained from not disclosing, not doing so will do more harm than good.

 

[mrdiew]

Slpd ia said if I find out you are lying or hiding anything, I will reject your application for dishonesty.

It’s better to be truthful and upfront. You can even say I am not certain but I remember faintly.

 

[Dvrjon]

Deferred judgement deals only affect whether or not you will be adjudicated as guilty and punished. The fact remains that you were arrested or charged. That record doesn’t go away. If you don’t disclose it the IA has the opportunity to question your honesty and truthfulness.

You can explain what happened or you can explain why you lied and tried to cover it up.

If they want to discuss it, don’t make a federal case out of it. Joe Friday: “Just the facts, sir.”

 

[Dansanity]

Public defender here. I’ve done 100’s of DEJ cases. The arrest will remain in your record regardless unless you get that expunged as well and even then it’ll still be seen by law enforcement. Disclose. They’ll already know.

-this is not legal advice, just what I’ve seen in my career

 

[ClickBangDone]

This brings up an interesting distinction that I hadn’t thought about before: I was charged, but I wasn’t arrested. The Park Ranger issued me a citation, and I went to court a few months later. There was no arrest involved, which feels like a significant difference.

Honestly, this reinforces my feeling that I should have retained a different lawyer. I was told that if I accepted the deferred judgment and didn’t contest it, it would be the same as if I went to trial and won — with the only exception being that it would show up on federal records. At the time my CHP and LASD friends who looked at the case told me to fight it, and in hindsight, I should have.

Knowing now that it ended up on a record is infuriating. I never would have accepted that deal if I had known that would happen.

But it’s water under the bridge now, and I can’t change it. So here’s what I’m planning to disclose on the form:

"In REDACTED, I was charged with two misdemeanors, related to a citation issued by a Park Ranger. I agreed not to contest the charges by entering into a deferred judgment agreement with the DA and the case was fully dismissed upon completion of the terms. I was never arrested or convicted, nor have I ever, before or since, been arrested, charged, or convicted of any crime."

 

[Dvrjon]

This brings up an interesting distinction that I hadn’t thought about before: I was charged, but I wasn’t arrested. The Park Ranger issued me a citation, and I went to court a few months later. There was no arrest involved, which feels like a significant difference.

Honestly, this reinforces my feeling that I should have retained a different lawyer. I was told that if I accepted the deferred judgment and didn’t contest it, it would be the same as if I went to trial and won — with the only exception being that it would show up on federal records. At the time my CHP and LASD friends who looked at the case told me to fight it, and in hindsight, I should have.

Knowing now that it ended up on a record is infuriating. I never would have accepted that deal if I had known that would happen.

But it’s water under the bridge now, and I can’t change it. So here’s what I’m planning to disclose on the form:

"In REDACTED, I was charged with two misdemeanors, related to a citation issued by a Park Ranger. I agreed not to contest the charges by entering into a deferred judgment agreement with the DA and the case was fully dismissed upon completion of the terms. I was never arrested or convicted, nor have I ever, before or since, been arrested, charged, or convicted of any crime."

Disclose it on your application.

 

[shojivic]

Bottom line, ANY arrest will show on your criminal history. (There are several databases accessible.) Regardless of disposition, the lack of complete disclosure may hinder your progress; especially so if a background investigator deems it was an intentional ommission.

 

[rand17]

Fess up! HA!

 

[RickD427]

Disclose it. It's going to show up on your Criminal History, regardless of whether it was dismissed.

 

[rand17]

Yep! transparency and integrity goes a long way!

 

[captain america]

It will show up on their end. Which then will give them a doubt if you should be trusted or not.

 

[NorCalBusa]

Disclose every darn thing- you don't want them "having something on you". You control the narrative and if well written/well said, your version is the first version. Oh they'll check it, but its your one chance to spin it (not too obviously) in a good light. You got to own what you did, so man up and in the same breath speak to what you learned from it.

 

[Dansanity]

This brings up an interesting distinction that I hadn’t thought about before: I was charged, but I wasn’t arrested. The Park Ranger issued me a citation, and I went to court a few months later. There was no arrest involved, which feels like a significant difference.

Honestly, this reinforces my feeling that I should have retained a different lawyer. I was told that if I accepted the deferred judgment and didn’t contest it, it would be the same as if I went to trial and won — with the only exception being that it would show up on federal records. At the time my CHP and LASD friends who looked at the case told me to fight it, and in hindsight, I should have.

Knowing now that it ended up on a record is infuriating. I never would have accepted that deal if I had known that would happen.

But it’s water under the bridge now, and I can’t change it. So here’s what I’m planning to disclose on the form:

"In REDACTED, I was charged with two misdemeanors, related to a citation issued by a Park Ranger. I agreed not to contest the charges by entering into a deferred judgment agreement with the DA and the case was fully dismissed upon completion of the terms. I was never arrested or convicted, nor have I ever, before or since, been arrested, charged, or convicted of any crime."

Common misconception for people. Cite release charge is the same thing as being put in handcuffs and formally arrested. At least on your CLETS it shows up the same.

 

[omni]

Honesty comes along way with your application process. Either way, they'll run your background, so everything about you will be under investigated throughout the process.

 

[RickD427]

Common misconception for people. Cite release charge is the same thing as being put in handcuffs and formally arrested. At least on your CLETS it shows up the same.

^^^This^^^

California considers an "Arrest" to mean the taking of a person into custody to answer a criminal charge.

Once "taken into custody", a person can be released upon a citation, or booked into jail.

Additionally, California defines "Crimes" to include infractions. A speeding ticket is technically an arrest.