I understand what you are saying but I wasn't charged with a felony, it was a misdemeanor. There was nothing that said I can't carry a gun or be employed by anyone that requires me to carry one. word for word it states; Assault- Use Reckless Force Or Violence- Degree of offense misdemeanor... Im just trying to find that a way in.
I didn't suggest that you were charged with a felony. The felony occurs when and if you're found in violation of the Lautenberg Act.
What the paperwork states is not the conviction. That
nature of the offense is Assault. But you were arrested for, charged with and convicted of Assault / Domestic Violence (just as I was). You were also most likely charged with a myriad of other, more minor offenses that are not listed: Disturbing the Peace, Drunk in Public, and Fightng are often lesser charges they convict you of, just as when you get get a DUI you are also being convicted of Failure to Properly Maintain a One Way Direction of Travel.
No one here, including me, knows exactly what you were convicted of. The above thoughts are simple examples of real situations in which 5 or 6 different offenses are wrapped up into one arrest, charge and conviction. That is the waythe laws work, and the Prosecuting Attorney almost always agrees to drop the lesser charges for a plea to the more serious ones.
However, that is not possible with DV, a mandatory prosecutorial charge. If you shared a residence and you were convicted of anything at all about your behavior in that residence, then you were arrested for DV. You were prosecuted for it. And you were found guilty of it.
There isn't going to be anything written on the paperwork about it, as it is simply the
nature of the offense - assault.
Your best bet is to approach a recruiter and be 100% honest about your situation. If they deny you for a DV conviction, then what I am telling you is 100% accurate and you fall under the Lautenberg Act. It sounds as if you have and that is exactly what they told you in fewer words.
DV isn't the actual arrest, as it isn't the issue - DV is too ambiguous to prosecute. But assault in a domestic situation is a specific charge. So is fighting in a domestic situation, or threatening. But all of those, three different arrests and three different charges and convictions, are DV arrests and convictions. All get you listed under Lautenberg.
In the very, very concise meaning, your paperwork and theirs is different. When the recruiter pulls up your arrest record, they see BOTH assault and DV. You only see the assault part of it.
But that is why you were told to attend DV classes and why the recruiter cannot and will not touch you.