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Very interesting backround questions!


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  • Very interesting backround questions!

    Hello guys, i have been a visitor to this board since 1998 and have just recently became a member and started posting. My questions tonight are regarding my backround, and chances of becoming a Police Officer. My problem started when i had just turned 18, i was convicted of CA PC 311.11 and CA PC 272. Basically this is a contributing to the delinquency of a minor charge and possesion of content of persons under 18 engaging in or simulating sexual conduct. Ok now wait, before you judge, let me give you a little more backround on me. Other than a few traffic violations and subsequently license suspensions, i have no criminal history. 1998 i was hired as a volunteer at a local county sheriffs office and worked there untill 2002. Since then i have worked security and have had no problems. There are several things i would like to hear your opinions on. Ok, so the story on the conviction. Long story short, really short. When i was still a minor, (Under 18 here in Ca) my brother and i had taken several topless pictures of our then next door neighbor who was 13. Fast Forward to when i have turned 18, the pictures had been developed and were in the possesion of my brother who was showing them off, and at the request of the girl, i had taken them and stashed them. Fast forward some more, the pictures were found my some girls that were illegally looking through my things and turned in. Arrest, crappy public defender, and conviction. Sentence is 10 days community service, $150 fine, 3 years informal court probation, and counseling. Well i am now nearing the end of my probation and will have sucesfully completed it.

    So my questions are this, 1)since this is my first offense, does it ever go off my record, or can i get it erased or expunged? Not sure? 2) Below i have listed a quoted version of the CA PC codes i was arrested for, i really think they had a weak case on this because half of the offense was commited as a minor, so can this help at all? Since this is all after the fact, im not sure what there is i can do. My last question is, after i am finished with my probation, do you think enought time has passed (3 years) to begin applying to departments and be able to completely honest about everything and not feel like im wasting my time in the backround dept? in my time since conviction i have taken POST certified Pc 832 classes and level 3 part 2 class in hopes of being a reserve. Any help/questions and or comments are greatly apprecited. i am willing to talk in private if anybody is so inclined.

    311.11. (a) Every person who knowingly possesses or controls any
    matter, representation of information, data, or image, including, but
    not limited to, any film, filmstrip, photograph, negative, slide,
    photocopy, videotape, video laser disc, computer hardware, computer
    software, computer floppy disc, data storage media, CD-ROM, or
    computer-generated equipment or any other computer-generated image
    that contains or incorporates in any manner, any film or filmstrip,
    the production of which involves the use of a person under the age of
    18 years, knowing that the matter depicts a person under the age of
    18 years personally engaging in or simulating sexual conduct, as
    defined in subdivision (d) of Section 311.4, is guilty of a public
    offense and shall be punished by imprisonment in the county jail for
    up to one year, or by a fine not exceeding two thousand five hundred
    dollars ($2,500), or by both the fine and imprisonment.
    (b) If a person has been previously convicted of a violation of
    this section, or of a violation of subdivision (b) of Section 311.2,
    or subdivision (b) of Section 311.4, he or she is guilty of a felony
    and shall be punished by imprisonment for two, four, or six years.
    (c) It is not necessary to prove that the matter is obscene in
    order to establish a violation of this section.
    (d) This section does not apply to drawings, figurines, statues,
    or any film rated by the Motion Picture Association of America, nor
    does it apply to live or recorded telephone messages when
    transmitted, disseminated, or distributed as part of a commercial

    272. (a) (1) Every person who commits any act or omits the
    performance of any duty, which act or omission causes or tends to
    cause or encourage any person under the age of 18 years to come
    within the provisions of Section 300, 601, or 602 of the Welfare and
    Institutions Code or which act or omission contributes thereto, or
    any person who, by any act or omission, or by threats, commands, or
    persuasion, induces or endeavors to induce any person under the age
    of 18 years or any ward or dependent child of the juvenile court to
    fail or refuse to conform to a lawful order of the juvenile court, or
    to do or to perform any act or to follow any course of conduct or to
    so live as would cause or manifestly tend to cause that person to
    become or to remain a person within the provisions of Section 300,
    601, or 602 of the Welfare and Institutions Code, is guilty of a
    misdemeanor and upon conviction thereof shall be punished by a fine
    not exceeding two thousand five hundred dollars ($2,500), or by
    imprisonment in the county jail for not more than one year, or by
    both fine and imprisonment in a county jail, or may be released on
    probation for a period not exceeding five years.
    (2) For purposes of this subdivision, a parent or legal guardian
    to any person under the age of 18 years shall have the duty to
    exercise reasonable care, supervision, protection, and control over
    their minor child.
    (b) (1) An adult stranger who is 21 years of age or older, who
    knowingly contacts or communicates with a minor who is 12 years of
    age or younger, who knew or reasonably should have known that the
    minor is 12 years of age or younger, for the purpose of persuading
    and luring, or transporting, or attempting to persuade and lure, or
    transport, that minor away from the minor's home or from any location
    known by the minor's parent, legal guardian, or custodian, to be a
    place where the minor is located, for any purpose, without the
    express consent of the minor's parent or legal guardian, and with the
    intent to avoid the consent of the minor's parent or legal guardian,
    is guilty of an infraction or a misdemeanor.
    (2) This subdivision shall not apply in an emergency situation.
    (3) As used in this subdivision, the following terms are defined
    to mean:
    (A) "Emergency situation" means a situation where the minor is
    threatened with imminent bodily harm, emotional harm, or
    psychological harm.
    (B) "Contact" or "communication" includes, but is not limited to,
    the use of a telephone or the Internet, as defined in Section 17538
    of the Business and Professions Code.
    (C) "Stranger" means a person of casual acquaintance with whom no
    substantial relationship exists, or an individual with whom a
    relationship has been established or promoted for the primary purpose
    of victimization, as defined in subdivision (e) of Section 6600 of
    the Welfare and Institutions Code.
    (D) "Express consent" means oral or written permission that is
    positive, direct, and unequivocal, requiring no inference or
    implication to supply its meaning.
    (4) This section shall not be interpreted to criminalize acts of
    persons contacting minors within the scope and course of their
    employment, or status as a volunteer of a recognized civic or
    charitable organization.
    (5) This section is intended to protect minors and to help parents
    and legal guardians exercise reasonable care, supervision,
    protection, and control over minor children.

  • #2
    Your going have to do a lot of praying!
    Blame it on the Trunk Monkey!!!


    • #3
      Dude, it's a sex crime.

      No matter how you slice it, reword it, explain it, the conviction is for a "sex crime." That's a liability for any agency, as the previous poster stated. It's nothing personal against you; it sounds like you've changed for the better. But can you imagine the community uproar: "Our local police department hired someone that did WHAT???"

      I've heard of people getting hired after "experimenting" with drugs, even after 18, but I've never heard of an applicant getting hired after being convicted of a sex crime.

      Good luck, I hope you find a way.
      Focused Recruit


      • #4
        Doesnt look good

        Hey, to be honest with you, its going to be really really tough getting hired with that kind of background. The background investigation goes all the way back to day you were born pretty much. That was how my department conducted their background. My background was just about sqeaky clean and I even had a challenging time getting hired. I would seriously contemplate about getting into another line of work. Anytime a sex crime "type" of incident has occured in your past not matter how small, it is a very touchy (no pun intended) subject for many depts. Good luck anyways.


        • #5
          Departments will see you as a liability. The last thing a department wants is to hire someone with a history of a "sex crime". If you do ANYTHING wrong and someone (media, whatever) gets to pull your file, they will point the finger at the department and ask "How could you hire someone with a sex crime?!" Not looking good.


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