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  • My backround

    Hello guys, 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.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.

  • #2
    Why did you take the pictures in the 1st place and knowing they were illeagl stash them with risk they would be someday found ? A fireplace, shredder, or torn up in the trash is where the belonged.

    Sadly despite all the good they just might haunt your career progression.

    Comment


    • #3
      The pictures were taken because we were kids having fun. Stupid fun in the long run right? But yeah, just kid stuff, fun and games with a cute girl right? As for me taking them and stashing them with the intent to at one point give them to her, as she wanted them, and and long story short she never ended up getting them, and never really pursued it as she never had any problems with ME showing them. ?????

      Comment


      • #4
        Since pictures were of child under age of consent you have a problem. She could not even after age 18 tell you that it was okay to show them. The pictures are kiddie porn maybe not as rough as some but in the eyes of the law still kiddie porn

        Comment


        • #5
          if you have to spend that much time trying to explain your actions and why "this" happened, and why "that" happened, then... well, nevermind.

          but i will say, good luck to you, because you will need it if your wanting to become a police officer...

          Comment


          • #6
            That would be a felony here, and you would have NO chance with a felony conviction. California law may be different.

            Comment


            • #7
              To be honest,you've got a tough road to hoe. In strictest terms it IS kiddie porn & you were in posession of it as an adult.If nothing else it will raise some questions as to your maturity level & sanity. Not knowing Ca. law I'd say if it is a misdemeanor you would technically be okay. But we're dealing with public trust issues here. Would you want/let a LEO investigate or interview your child knowing he had this conviction? My best recommendation is wait a bit longer (2yrs or so) establish yourself as a responsible, mature adult then apply for an agency that is known to be somewhat liberal. I don't know where that would be, but that seems like your best bet.

              Comment


              • #8
                My Background

                Michael, in short, you have issues. I've noted many times on this forum that we're not especially looking for saints in LE, but what we do look for is people who are fit to be law enforcement officers. I'm not fully conversant with California Law, but the criminal issues, coupled with the traffic violations, are going to raise many an eyebrow. Any Background Investigator is going to see some large, and potential red flags when he/she reviews your record. I'm not saying you're completely out of the running, but you're not what most agencies are looking for.

                Comment


                • #9
                  This post has been deleted.
                  Last edited by VSP734; 06-22-2007, 09:18 PM.

                  Comment


                  • #10
                    You're kidding, right?

                    Comment


                    • #11
                      Ok, here are the sections in detail that you've identified, both Misdemeanors:

                      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
                      transaction.

                      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.



                      1)since this is my first offense, does it ever go off my record, or can i get it erased or expunged?

                      Expungement depends on your probation officer / probation department. I doubt as an adult, that this will be expunged but YOU have to check into this. Even with it expunged or sealed by the courts, this still shows up....


                      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? Should have "fought" the case instead because weak case or not, you're convicted of it.

                      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? Sure you could but good luck getting hired. you may have to wait more than three years to have any chance

                      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. You could take all the classes you want but good luck on getting on board somewhere.

                      I do backgrounds and even in this liberal city I work in, a person in your situation would be passed.
                      ''Life's tough......it's tougher if you're stupid.''
                      -- John Wayne

                      Comment


                      • #12
                        Hold on, how old were you when you took the pics? That has alot to do with the whole she was 13 things. if you were like 15 or 6 then it wont be as bad, we all know we played "doctor" and 'I'll show you mine if you show me yours" when we were little boyus and girls so dont hang him out to dry just because he had taken pics when he was doing it. AYes its wrong, and if it was my daughters he would not be alive, but hey who knows, and she did say he could do it...
                        Why do we try so Hard for Little things, and so Little for Hard things?

                        "There is no happiness without tears; no life without death. Beware, I will give you cause to weep"

                        R.I.P Hand Sanitizer, you will be missed…

                        Remember, Gay, Straight, Black, White, or HIV+, on this forum you're "Blue" and that's what matters most.

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