Legal Question in Criminal Law in Virginia

Lautenberg Amendment

I'm trying to enlist into the army but from what i've read, i can't due to the fact I have a dv charge on my record. From what I remember, if don't get into any trouble for a yr that charge will be expunged from my record. According to my research, I still can't join because it'll still be on my record even though its suppose to be gone. Is there any way to work around/loopholes this?

Its the only blemish on my record besides one speeding ticket. The only reason I plead guilty was because I thought it was only a minor misdermeanor and that since i'm not a trouble maker it'll be off my record(stupid on my part).

As I continue to research more and more, i'm becoming more and more let down. I realize that my dreams of becoming a police officer or joining the military are pretty much gone now. Please respond back asap....thank in advance!


Asked on 5/04/09, 2:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lautenberg Amendment

Federal law 18 U.S.C 921(a)(33)(B)(ii)provides

that if the misdemeanor domestic violence offense has been expunged from the defendant's record, such conviction will not bar him from owning nor possessing firearms as prohibited under 18 U.S.C. 922(g)(9).

Therefore, if you have no other convictions, you may be eligible to have your misdemeanor conviction expunged under Va. Code Sec. 19.2-392.2(F), and once tht occurs you should then be eligible to own or possess firearms and join up with the military or a police force or any other organization which requires that its members be eligible to carry firearms.

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Answered on 5/04/09, 9:09 pm


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