My question involves criminal records for the state of: Wisconsin
Hi,
I have a few questions since the police officers I've asked have different answers and when I called the DA's office, I was told they couldn't help me because it could be construed to be legal advice. :wallbang:
First off, in 1996 I was arrested for domestic violence (includes charges of battery & DC). My girlfriend at the time was drunk, called me and said something was wrong with our infant child. I went over to her apartment got things settled and when I was about to leave she started screaming at me telling me not to leave (loud!). I said I had to work in a few hours and needed to get to sleep. I headed towards the door and she grabbed onto me with all her weight. I fell backwards by tripping on a boot and we both went down...me hitting the back of my head on a futon and her hitting her face on my forehead which gave her a bloody nose.
By this time, the cops were already called. The downstairs neighbor heard her screaming shortly before we fell and thought we were fighting. Longer story a bit shorter, I was arrested for DV that morning.
My then girlfriend told the cops the same thing I did. That we fell and it was an accident. I just got copies of my arrest records from the police dept. Evidently, the officer went back in after I was in custody and (probably prodded by now) now she changed the story saying I punched her in the nose and she didn't want to make a statement because she was "afraid of what I'd do to her". The officer however, did put in his notes that she told him that I punched her. I seriously don't know if she actually said that or not. She said she didn't. She even said she would go to court with me and say she didn't say that to the cop. I wanted to go to a jury trial, but the lawyer said $500 - $1500 per day of trial. Can't afford that!
The prosecutor gave me a plea of only DC, dismiss the battery and $200 fine. Me being a 27 year old bartender, couldn't afford the lawyer so I ponied up the $200 and went about my ways.
I am fighting to get my gun carrying rights back, particularly CCW. CCW didn't exist in WI until 2011. I filled out a CCW application and submitted it. It was rejected by WI DOJ stating I had a DV conviction. I, at the time, didn't know the disorderly was considered a DV. I thought that had been dropped with the battery and the DC was from the noise.
Anyway, I'm gathering my records and doing research on if/how to get my rights back. In Wisconsin, for one to be eligible for expungement it says on the application "At the time the sentence was imposed, the court ordered that the record be expunged upon successful completion of the sentence." That was not my case so I guess I'm not eligible.
My next step would be the Governor's Pardon. Here's where my big question is. Has anyone ever heard of a disorderly conduct being granted a pardon? First off, the pardon application states pardons are for felonies not misdemeanors, BUT a misdemeanor can be considered by the governor if the petitioner shows "extraordinary circumstances". Whatever those are.
Do I have any chance of being able to get the concealed carry right? Expungement or Pardon? I read an article on how another person got it because the court lost his original plea paperwork so the judge reinstated his CCW rights because "he concluded that there was no way to tell if the defendant had admitted to engaging in violent conflict or if he'd admitted otherwise disorderly conduct." As a layperson, I really don't know what that previous statement means legally. The article is here if you want to read it: http://ift.tt/1LYfAWZ
Any advice or suggestions? Oh, and the X is deceased and I haven't had so much as a speeding ticket since then (or before). Served 5 years in military ('87-'92), honorable discharge.
Thanks for reading all of this.
Hi,
I have a few questions since the police officers I've asked have different answers and when I called the DA's office, I was told they couldn't help me because it could be construed to be legal advice. :wallbang:
First off, in 1996 I was arrested for domestic violence (includes charges of battery & DC). My girlfriend at the time was drunk, called me and said something was wrong with our infant child. I went over to her apartment got things settled and when I was about to leave she started screaming at me telling me not to leave (loud!). I said I had to work in a few hours and needed to get to sleep. I headed towards the door and she grabbed onto me with all her weight. I fell backwards by tripping on a boot and we both went down...me hitting the back of my head on a futon and her hitting her face on my forehead which gave her a bloody nose.
By this time, the cops were already called. The downstairs neighbor heard her screaming shortly before we fell and thought we were fighting. Longer story a bit shorter, I was arrested for DV that morning.
My then girlfriend told the cops the same thing I did. That we fell and it was an accident. I just got copies of my arrest records from the police dept. Evidently, the officer went back in after I was in custody and (probably prodded by now) now she changed the story saying I punched her in the nose and she didn't want to make a statement because she was "afraid of what I'd do to her". The officer however, did put in his notes that she told him that I punched her. I seriously don't know if she actually said that or not. She said she didn't. She even said she would go to court with me and say she didn't say that to the cop. I wanted to go to a jury trial, but the lawyer said $500 - $1500 per day of trial. Can't afford that!
The prosecutor gave me a plea of only DC, dismiss the battery and $200 fine. Me being a 27 year old bartender, couldn't afford the lawyer so I ponied up the $200 and went about my ways.
I am fighting to get my gun carrying rights back, particularly CCW. CCW didn't exist in WI until 2011. I filled out a CCW application and submitted it. It was rejected by WI DOJ stating I had a DV conviction. I, at the time, didn't know the disorderly was considered a DV. I thought that had been dropped with the battery and the DC was from the noise.
Anyway, I'm gathering my records and doing research on if/how to get my rights back. In Wisconsin, for one to be eligible for expungement it says on the application "At the time the sentence was imposed, the court ordered that the record be expunged upon successful completion of the sentence." That was not my case so I guess I'm not eligible.
My next step would be the Governor's Pardon. Here's where my big question is. Has anyone ever heard of a disorderly conduct being granted a pardon? First off, the pardon application states pardons are for felonies not misdemeanors, BUT a misdemeanor can be considered by the governor if the petitioner shows "extraordinary circumstances". Whatever those are.
Do I have any chance of being able to get the concealed carry right? Expungement or Pardon? I read an article on how another person got it because the court lost his original plea paperwork so the judge reinstated his CCW rights because "he concluded that there was no way to tell if the defendant had admitted to engaging in violent conflict or if he'd admitted otherwise disorderly conduct." As a layperson, I really don't know what that previous statement means legally. The article is here if you want to read it: http://ift.tt/1LYfAWZ
Any advice or suggestions? Oh, and the X is deceased and I haven't had so much as a speeding ticket since then (or before). Served 5 years in military ('87-'92), honorable discharge.
Thanks for reading all of this.
Pardons and Clemency: Disorderly Conduct in Wi and Ccw Law
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