Can you lose your Virginia Armed Security Guard License if arrested and do you have to report it to VA DCJS

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The short answer is No. Not because of any type of arrest, but there are some conditions surrounding this depending on the nature of the arrest.

Can I lose my security guard license after an arrest

Can I lose my security guard license after an arrest

An arrest is not a conviction. A person arrested illegally or under incorrect or false grounds may be released without any conviction. Please see the difference between an arrest and a conviction as explained below.

Arrest versus Conviction:


Arrest: An arrest can occur under many different circumstances. A simple traffic violation can lead to arrest due to some misunderstanding. A person may be arrested, taken into custody and later released because the prosecutor found that it is not appropriate to charge them with a crime.

Conviction:A conviction happens, when a person is convicted of a crime, either because they have pleaded guilty of the crime or been found guilty of the crime by a court of law. The individual may be charged with a crime, and even go to trial. During the trial, if they are found to be not guilty, they have still only been arrested and are still innocent.

This is the basis for saying that an arrest, without a conviction may not put the arrested party at a disadvantageous position.

However if the arrest was due to specific types of crimes, then the Virginia State law puts limitations on the arrested party’s ability to carry a firearm. So please review the below conditions also.

An arrest without a conviction becomes important for an armed security guard under certain scenarios as described below:


Under the Virginia Law (Va. Ann. Code § 18.2-308.09), people are not allowed to carry a fire arm if they are convicted of specified crimes (such as, but not limited to, assault, sexual battery, or stalking), or if they are under investigation with a pending charge for one of the above crimes.

The second clause of the above statement may limit an armed security guard’s ability to carry a firearm if they are arrested under assault, sexual battery or stalking or any similar crimes.

Our recommendation:


If you are an armed security guard in Virginia state and was arrested under a serious crime (excluding minor traffic violations) and is currently with a pending charge, then please consult a qualified attorney and share with them the details of the arrest and get their recommendation regarding your course of action.

Disclaimer:


We are not attorneys and we have no legal expertise. The above information is obtained from public domain websites. Your specific situations are not considered while writing this article. For your specific scenario you should consult your own attorney.

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