Posted: 2/23/2012 5:43:03 PM EDT
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I was talking to a friend at work today and he wants to be a officer, Already has a few creds, Certified Law enforcement OC instructor, Glock Armorer, NRA Law enforcement Pistol and Shotgun instructor, but he has a Class A misdemeanor on his reacord from 18 years ago....
Given all that and he has been clean ever since what are his chances at getting hired after completeing a academy? |
| It depends on what the misdemeanor was for. If it was domestic abuse related, an assault or narcotics, it will be harder. Also right now is a tough time to have anything in your background. Jobs are hard to find and there are lots of agencies downsizing, which is putting a lot of experienced officers with no blems on their jackets looking for a job. |
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It depends on what the misdemeanor was for. If it was domestic abuse related, an assault or narcotics, it will be harder. Also right now is a tough time to have anything in your background. Jobs are hard to find and there are lots of agencies downsizing, which is putting a lot of experienced officers with no blems on their jackets looking for a job. If I remember right he said it was a "Criminal Mischeif " |
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I don't know much about Texas law, but he might look into getting the previous conviction expunged.
If it's been that long and he hasn't had any other criminal violations it would certainly be favorable to his argument. Every state is different on how they work the process and what is allowed to be expunged. It would probably be worth a call to an attorney to see if he can even try it. |
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From the TCLEOSE web site:
(A) has not ever been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years; If it had been Class B Criminal Mischief he would be good because longer than 10 years has passed but Class A and it's a no go. He might try and get his record expunged and see if that would work. |
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Quoted: I relayed the information to him and he already has a appointment with a Lawyer on Monday.... From what I understand in Tx and with reguards to expungements, "deferred adjudication" sentences are not expungeable.. I wished him the best of luck... Successful Deferred Adjudication results in charges dropped and no conviction. Like it never happened, so unless the specifically treat a DA as a conviction (like TX/CHL does) he is GTG. |
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I relayed the information to him and he already has a appointment with a Lawyer on Monday.... From what I understand in Tx and with reguards to expungements, "deferred adjudication" sentences are not expungeable.. I wished him the best of luck... What was the disposition of his arrest? As mentioned, if he successfully completed deferred adjudication, it does not count as a conviction. |
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I relayed the information to him and he already has a appointment with a Lawyer on Monday.... From what I understand in Tx and with reguards to expungements, "deferred adjudication" sentences are not expungeable.. I wished him the best of luck... Successful Deferred Adjudication results in charges dropped and no conviction. Like it never happened, so unless the specifically treat a DA as a conviction (like TX/CHL does) he is GTG. Pretty sure that Tcleose looks at a Deferred Adjudication" sentence as a conviction.. I just found this on the Tcleose website. "When I was a young adult, I received deferred adjudication for a Class A Misdemeanor. Someone told me that this disqualifies me from becoming a peace officer in Texas, is that correct? Yes, an adult Class A Misdemeanor conviction or court-ordered community supervision (adjudicated or deferred) is a lifetime disqualification for licensure as a peace officer or jailer in the state of Texas." |
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I relayed the information to him and he already has a appointment with a Lawyer on Monday.... From what I understand in Tx and with reguards to expungements, "deferred adjudication" sentences are not expungeable.. I wished him the best of luck... Successful Deferred Adjudication results in charges dropped and no conviction. Like it never happened, so unless the specifically treat a DA as a conviction (like TX/CHL does) he is GTG. That is unfortunate for your friend. Pretty sure that Tcleose looks at a Deferred Adjudication" sentence as a conviction.. I just found this on the Tcleose website. "When I was a young adult, I received deferred adjudication for a Class A Misdemeanor. Someone told me that this disqualifies me from becoming a peace officer in Texas, is that correct? Yes, an adult Class A Misdemeanor conviction or court-ordered community supervision (adjudicated or deferred) is a lifetime disqualification for licensure as a peace officer or jailer in the state of Texas." That is unfortunate for your friend. |
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Possibly an unrelated question but something I've always wondered...
What if someone was convicted of an offense in one state that was an A misdemeanor but in the state in question that same offense is a C misdemeanor? Seems to me like that would be a judgment call. |
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I'm curious, How does your friend have Law Enforcment instructor credentials without having been an officer? In Tx, he is a commissioned/licensed personal protection officer and works for several private firms. Umm, I'm not a real expert on this, but I don't think he is. I've never heard of a personal protection officer, so I looked it up. From the Texas DPS website. APPLICATION FOR PERSONAL PROTECTION OFFICER (BODY GUARD) AUTHORIZATION I am at least 21 years of age. I am not addicted to drugs or alcohol, have never been arrested, charged, indicted, entered into a pre-trial diversion agreement, placed on deferred adjudication, placed on probation or convicted of any Class A misdemeanor or felony, or Class B misdemeanor within the last (5) five years. I am mentally competent, and, if in the military, I was discharged under honorable conditions. I will not carry a concealed firearm unless I apply for and receive a personal protection officer authorization from the Private Security Bureau. ETA (Sorry, did not realize I was outside of GD) |
| Would depend on the charge in my state. However, littering is a Class A misdemeanor and littering would not keep you from being a cop here. Only real misdemeanor that would keep you from LE here would be Domestic Violence. Pretty much anything else would be ok. However, the different departments might have different views on various charges. |
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Would depend on the charge in my state. However, littering is a Class A misdemeanor and littering would not keep you from being a cop here. Only real misdemeanor that would keep you from LE here would be Domestic Violence. Pretty much anything else would be ok. However, the different departments might have different views on various charges. Class As are punishable by up to 12 months in county jail and a pretty significant fine. It's one step below a felony in Texas. |
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I'm curious, How does your friend have Law Enforcment instructor credentials without having been an officer? In Tx, he is a commissioned/licensed personal protection officer and works for several private firms. Umm, I'm not a real expert on this, but I don't think he is. I've never heard of a personal protection officer, so I looked it up. From the Texas DPS website. APPLICATION FOR PERSONAL PROTECTION OFFICER (BODY GUARD) AUTHORIZATION I am at least 21 years of age. I am not addicted to drugs or alcohol, have never been arrested, charged, indicted, entered into a pre-trial diversion agreement, placed on deferred adjudication, placed on probation or convicted of any Class A misdemeanor or felony, or Class B misdemeanor within the last (5) five years. I am mentally competent, and, if in the military, I was discharged under honorable conditions. I will not carry a concealed firearm unless I apply for and receive a personal protection officer authorization from the Private Security Bureau.ETA (Sorry, did not realize I was outside of GD) Dig a little deeper into the rules and statutes Class B is 5 years Class A is 10 years... Felony is 20 years.. He is what he claims to be..and to be honest I hope he finds a way to become Tcleose certified and get directly involved with law enforcement, he would make a good one. |
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Would depend on the charge in my state. However, littering is a Class A misdemeanor and littering would not keep you from being a cop here. Only real misdemeanor that would keep you from LE here would be Domestic Violence. Pretty much anything else would be ok. However, the different departments might have different views on various charges. Class As are punishable by up to 12 months in county jail and a pretty significant fine. It's one step below a felony in Texas. Same here. Still wouldn't stop you from getting certified though. Might prevent you from getting hired...depending on what it is. |
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I had a brief conversation with him today, he was really happy with what his lawyer said. His lawyer is filing some type of Writ with the court about a mistake that was made in how the courts paperwork was filed out, something about it being listed as a Class A when it was only a Class B...
Maybe there is hope for him afterall... |