Posted by Steven on 12/05/03

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I have applied to the U.S. Army and was turned down due to
a domestic violence charge over three years ago. All
elements of the Lautenberg Amendment must apply for a
person to be considered as having a misdemeanor crime of
domestic violence. The last element states that "the
conviction has not been expunged or set aside or the
convicted offender has not been pardoned for the offense or
had civil rights restored, unless the pardon, expungement
or restoration of civil rights provides ...."

In a recent Appeal from the United States District Court
for the Western District of Michgian at Grand Rapids, it
was ruled that with the successful completion of
probationary sentence the defendant is no longer considered
ineligible to possess a firearm under the stated
provision.

I alerted the Army to this and they stated that they needed
an "official copy of a court order to determine its impact
upon the applicant". It also stated that restoration of
civil rights does not necessarily equate to no conviction
under Lautenberg. They also state that they need a
dismissal of the case.

How does a case get dismissed after 3 years and all fines
and probations have been completed?

Please advise.

Re: Lautenberg Amendment, 2/14/05, by pw.

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