ExpertLaw.com Forums

Can You Become a Peace Officer if You Get a Pardon

Printable View

  • 07-27-2008, 12:15 AM
    jerrycollins170
    Can You Become a Peace Officer if You Get a Pardon
    My question involves expungements or pardons for the state of: Arkansas.
    I would like to know if I could become a Peace Officer in most states if I receive a Pardon for my already expunged felony convictions which were B&E and Theft of Property (occured together)? I'm a USMC Vet now with 12 years clean, not even a ticket. Thanks for your direction.:wallbang:
  • 07-27-2008, 12:22 AM
    cdwjava
    Re: Peace Officer with a Pardon?
    It depends on the details, but the federal pardon would not likely make you eligible to serve as a peace officer in most any state.

    If you are looking to do this, you should consult an attorney. The details of your state's expungements and pardons will be important ... plus, the feds don't necessarily recognize the state's actions in this regard.

    - Carl
  • 07-27-2008, 07:07 AM
    aaron
    Re: Peace Officer with a Pardon?
    The Governor of Arkansas has the power to grant clemency, and application materials are online (Brief overview; Past recommendations, Forms), but it's clear that clemency can be limited in its scope and it isn't immediately clear what the effect of a full pardon would be.
  • 07-27-2008, 07:58 PM
    jerrycollins170
    Re: Can You Become a Peace Officer if You Get a Pardon
    Maybe I misled everyone on the question. I was talking about a Governors Pardon, not a Presidents pardon(federal). If I'm not mistaking, it completely destroys any evidence of it happening. The only record of it right now, is the fact that employers cant find it because its expunged. Police however, can find it.
  • 07-27-2008, 08:31 PM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    And even with a pardon, the police will know about it as that does NOT erase the records of the offense.

    - Carl
  • 09-01-2008, 06:42 AM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    with a pardon it just forgives the crime does not remove it allows you to get jobs (like if you apply for a state job that requires no convictions you now can now be hired for that job by law but does not mean you will be depends on who else aplies
    ok i to have been trying to become a leo with a felony conviction state of florida heres the scoop from months of searchs,emails,phone calls
    yes you can become a police officer with a felony conviction
    not only in florida but in some other sates ,

    heres the scoop
    1)amount of time that has passed
    2)some depts will take you depending on the crime (mine was be & larceny)
    3)you can vacate your plea and go back in front of the judge and get you charges reduced allowing you to get cerfified
    4)in fl a pardon from the gov will allow you do get fdle certified
    5)not all depts will take you with a felony conviction in 1 day i found 4 in fla
    as long as you meet other requirements

    now my story my crime was 32 years ago when i was 18 im now 50 and going throught the academy in jan 09 i have been voluntering at the local pd for 2 1/2 years (with a felony conviction)im well respected and dont know if they will hire me (have not asked waiting to go through the academy first)
    i have applied for a full pardon from the gov office still waiting
    and im going to the state attys office to try to get my 30 year old charges droped to a misterminor (been told this can be done )depts will hire with this type of charge easyer if that dont work im going to vacate my plea also told this is a good option as the charge was 32 years ago
  • 09-01-2008, 10:48 AM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    As long as the felony remains, you will be unable for appointment pursuant to state AND federal laws. If reduced to a misdemeanor you MIGHT be able to be appointed, but that will be dependent upon state law and upon the agency (and whether they want to take the chance).

    - Carl
  • 09-01-2008, 11:47 AM
    Litigator
    Re: Can You Become a Peace Officer if You Get a Pardon
    Need more info. Are you seeking a pardon from the Governor of Arkansas for an Arkansas conviction with the intention of becoming an LEO in Arkansas? If we can narrow it down maybe we can be more definite.
  • 09-16-2008, 10:00 AM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    im doing mine in the state of florda been a lot of trouble getting things done i went t the state they said they dont care about a 32 year old conviction
    just bring tem somthing they can agree too and can change my pla to to get a espunge
    i talked to one of the police dept's they told me if i can get fdle cerf and and pass there other requirements they would concider me as its a 32 year old conviction but also said if i get the pardon and exspungement id have a bettter chance im talked to a few depts in florida and other states and found places that would hire with a felony conviction --- dont get me wrong if theres a younger guy with out a conviction they will probbly pick him over me
  • 09-16-2008, 11:11 AM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting harleywiz
    View Post
    im talked to a few depts in florida and other states and found places that would hire with a felony conviction --- dont get me wrong if theres a younger guy with out a conviction they will probbly pick him over me

    They lied. No felon can carry a firearm pursuant to federal law. If they hired someone with a felony conviction, he would have to be a community service officer or a position that did not require a firearm, and did not have access to NCIC information as most felony convictions would also prevent lawful access to criminal records.

    - Carl
  • 10-27-2008, 11:37 AM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting cdwjava
    View Post
    They lied. No felon can carry a firearm pursuant to federal law. If they hired someone with a felony conviction, he would have to be a community service officer or a position that did not require a firearm, and did not have access to NCIC information as most felony convictions would also prevent lawful access to criminal records.

    - Carl

    ok read up on florida law a full pardon fom the gov's office restores the felons
    right to bare arms it also restores the rights to get hired at state city county jobs that had a no felony conviction requirement i have called and talked to fdle (florida dept of law emforcement) and with a full pardon they will certfiy
    you as long as you pass there requirements (ok now you went throught the Academy passed the test was certified by the state) do's not mean you will get hired by a police dept (it does me by state law they can hire you) i talked to the head of the law enforcement academy here in south fl
    who has a recruite now going throught the academy thats a pardon"ed felon
    he told me this (again yes i will be able to get fdle certified but subjest this keep going to school (working on my a.s. degree in cj)go throught the academy and work a year in a jail as a guard (easyer to get in) prove my self then start applying for jobs with depts with my degree and time put in in the jail more depts will take a chance on me ....again my crime was 32 years ago
    its not like i robbed a store and a year later want to be a leo i have almost 3 years volunteering at the local police dept i have worked marine unit,csi,school resource, i have access to everything at the dept but evdince room ( i have transported evdince many times)
    i have access to the jail and 911 and areas of the court house and states atty's office that civilians dont i have been finger printed and a backround check'ed i researched this a lot and im sure there are a lot of depts that will not want me i found 4 in one day that said they would hire if i meet all there requirements because the type of crime and time frame that has passed what i have going for me will be my degree (most cadets wont have) the fact i paid for the academy (no cost to the dept)and the fact at 50 i have experince that a 20 somthing dont have and i can show 32 years of a clean record and where i gave back to my city and am licc in the state to carry and deal with peoples money with no complaints and am a licc security guard with the state already protecting personal property (again theres no gureantee i will get a job as a leo but the state of fla will certify me and its lawful for any agency to hire me and 4 agencys said they would ) so time will tell im in a waiting game right now my academy dont start for 4 months
    and i have 1 1/2 years left on my degree
  • 10-27-2008, 11:51 AM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    Pursuant to 18 USC 921(a)(20) the pardon can counter the felony conviction under federal law as follows:

    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.


    So, if you can get that pardon which also restores your firearms possession rights, you should be good to go. A pardon, by itself, would not be sufficient. It has to expressly restore your firearms rights.

    - Carl
  • 10-27-2008, 12:13 PM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting cdwjava
    View Post
    They lied. No felon can carry a firearm pursuant to federal law. If they hired someone with a felony conviction, he would have to be a community service officer or a position that did not require a firearm, and did not have access to NCIC information as most felony convictions would also prevent lawful access to criminal records.

    - Carl

    no felon can carry or hold a firearm unless he/she has had the right to bare arms restored (wich a full pardon does) or you could just apply to have your firearms rights retored the gov has the power to do both in the state of florida full pardon does not make you record go away yes it will still be on ncic and many other places even if you have your reord espunged it can still be found in the state of florida you cant have a felony conviction you pleaded guilty to espunged you have to get a full pardon from the gov's office it restores all your rights in the state of florida like you never been arested (but again your arest info is there still just it cant be used againest you accept in geting a job in law enforcement (might be a few others im not aware of) again you can carrey a wepon get a conciled wepon permit get a job as a law enforcement officer (depending if the dept will take a chance on you (legal for them to hire you )in the state of florida now im not sure but if i cross the state line in to georgia in my patrol car i belive i can be arested for carrying a firearm because i did not get a pardon in that state i belive you must get a pardon in every state you plan to be in not sure how that works but will work on it later as i might retire in tenn or nc (again if your arested in florida for a felony you losse all your rights (how they can take a right away puzzles me as its not a privliage is a right )so now you lost your rights in florida afther you compleated your sentence you will automaticy get all your rights except the right to bare arms back yes you dont even have to apply for them new state law,, you must wait at least 8 years (i think thats right ) befor you can apply to get your right to bare arms and it takes 2 years to get this done from the time you apply no short cuts (i tryed) and again think this aplies to florida only so dont cross state lines with your wepon of you could be arested as a felon with a wepon hope this helps my email is harleywiz1@gmail.com
    if i can help any one im not a atty but im going throught all this to become a leo in florida this is my deam job and will be what i'll do till i retire and if i can get it done in florida im willing to move to a state i can soon as i get it done i will put up a web site on how i did it and the steps i went through to get there but again i talked to to many police depts and to many officals in law enforcment that said it could be done i'll let you know
  • 10-27-2008, 12:22 PM
    ashman165
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting harleywiz
    View Post
    no felon can carry or hold a firearm unless he/she has had the right to bare arms restored (wich a full pardon does) or you could just apply to have your firearms rights retored the gov has the power to do both in the state of florida full pardon does not make you record go away yes it will still be on ncic and many other places even if you have your reord espunged it can still be found in the state of florida you cant have a felony conviction you pleaded guilty to espunged you have to get a full pardon from the gov's office it restores all your rights in the state of florida like you never been arested (but again your arest info is there still just it cant be used againest you accept in geting a job in law enforcement (might be a few others im not aware of) again you can carrey a wepon get a conciled wepon permit get a job as a law enforcement officer (depending if the dept will take a chance on you (legal for them to hire you )in the state of florida now im not sure but if i cross the state line in to georgia in my patrol car i belive i can be arested for carrying a firearm because i did not get a pardon in that state i belive you must get a pardon in every state you plan to be in not sure how that works but will work on it later as i might retire in tenn or nc (again if your arested in florida for a felony you losse all your rights (how they can take a right away puzzles me as its not a privliage is a right )so now you lost your rights in florida afther you compleated your sentence you will automaticy get all your rights except the right to bare arms back yes you dont even have to apply for them new state law,, you must wait at least 8 years (i think thats right ) befor you can apply to get your right to bare arms and it takes 2 years to get this done from the time you apply no short cuts (i tryed) and again think this aplies to florida only so dont cross state lines with your wepon of you could be arested as a felon with a wepon hope this helps my email is harleywiz1@gmail.com
    if i can help any one im not a atty but im going throught all this to become a leo in florida this is my deam job and will be what i'll do till i retire and if i can get it done in florida im willing to move to a state i can soon as i get it done i will put up a web site on how i did it and the steps i went through to get there but again i talked to to many police depts and to many officals in law enforcment that said it could be done i'll let you know

    I wish you the best of luck in your quest to become a cop. Study hard in the academy, particularly in the report writing section.
  • 10-27-2008, 12:24 PM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    cdwjava are you a atty in calforinia? i researched cal law on this and there ral ball busters i think its inpossible to become a office in cal witha felony conviction no exceptions
  • 10-27-2008, 12:26 PM
    ashman165
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting harleywiz
    View Post
    cdwjava are you a atty in calforinia? i researched cal law on this and there ral ball busters i think its inpossible to become a office in cal witha felony conviction no exceptions

    I'm going to use some of my high speed police skills here: based off of his signature, I'm going to venture a guess that he's a sergeant in a police department. Probably in Northern California.

    There went $60,000 of the tax payers' money right there. Was I worth the expenditure? Methinks yes.
  • 10-27-2008, 12:27 PM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting ashman165
    View Post
    I wish you the best of luck in your quest to become a cop. Study hard in the academy, particularly in the report writing section.

    ya i know im taking to english classes to get me up to speed even as its not a requirement for the degree my spelling sucks

    if i can anwser any questions for anyone on what i have done
    im on aol messenger screename (harleywiz)
  • 10-27-2008, 12:31 PM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting harleywiz
    View Post
    cdwjava are you a atty in calforinia? i researched cal law on this and there ral ball busters i think its inpossible to become a office in cal witha felony conviction no exceptions

    No, I'm not an attorney, just a police supervisor. And, CA law on this is much the same as everywhere else. However, in CA a governor's pardon is a rare thing, and one that restores firearms rights is virtually unheard of.

    CA has the highest statewide standards and training requirements in the country and getting a law enforcement job here with a felony conviction in your past - even if granted a pardon - is unheard of ... at least, I have never heard of one.

    - Carl
  • 10-27-2008, 12:35 PM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting ashman165
    View Post
    There went $60,000 of the tax payers' money right there. Was I worth the expenditure? Methinks yes.

    And it's not even in the area of mathematics! :D

    - Carl
  • 10-27-2008, 12:40 PM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    ya thats what i researched i did see nevada will hire you and the nypd will
    id apply to reno 911 seems like a good dept to work for (grin)
    i have letters from the chef of the polce here at the dept i volunteer at
    and a few volunteer of the year awards ect so im hoping all these will help
    you know just turned 18 and hung out with the wrong kid made a mistake of entering a vacant building and getting cought ya its a crime and i should have know better but i did learn my lesson and never had a issue till now
    when afther being a voulnteer i wanted to do more but i'll get there
    thanks for all the info
  • 10-27-2008, 01:06 PM
    harleywiz
    Re: Can You Become a Peace Officer if You Get a Pardon
    Quote:

    Quoting ashman165
    View Post
    I'm going to use some of my high speed police skills here: based off of his signature, I'm going to venture a guess that he's a sergeant in a police department. Probably in Northern California.

    There went $60,000 of the tax payers' money right there. Was I worth the expenditure? Methinks yes.

    ok well i only have a couple of thousand in to my a.s.
    and no police skills yet just at lot of course's
    like intro to laweforcment
    intro to courts ect but i do have google skills (grin)


    Is that a scroll in your toga, or are you just happy to see me?
  • 03-25-2010, 10:49 AM
    jerrycollins170
    Re: Can You Become a Peace Officer if You Get a Pardon
    hey everyone, been a long time since i logged on but here goes. im now here in arkansas and wanted to clear up a few things. i have received my Gov's. Pardon and im now applying at local Police Dept's. Yes my crime occured in this state, i received the pardon from this state and ive been restored back to me all of my rights, TO INCLUDE FIREARM RIGHTS. now my problem is trying to find out if i can legally deny that ive ever been convicted of a felony or if it would be an outright lie. I dont want to lie but i also want to use the law to my favor in order to become certified as a LEO in Arkansas :( any help would be fantastic, but please, have your information and help backed up in writing so i can have full assurance of the facts when im being interviewed. Already ive been interviewed twice with a small local department and for whatever reason, an Arkansas State Police Officer was present in the interview, not once on the app. or in the interviews did they ask if i had ever been convicted of any crimes. Sadly, i feel as though im hiding something and my conscious wont let it go enough for me to speak openly and i feel as if im holding back when being interviewed.
  • 03-25-2010, 11:22 AM
    cdwjava
    Re: Can You Become a Peace Officer if You Get a Pardon
    Even if the pardon grants you the legal right to claim never to have been arrested or tried, and even grants you firearms rights, a potential law enforcement employer is almost certainly going to find out about the whole matter. If they DO find out about it, they can act on it as they will. They are not likely to dismiss the reports and the conviction from their consideration even if the law says they can do so. So, keep that in mind.

    If it were me, I would let them know at some point in the process. If they have to pry this out of you or dig it up in local or state records they are not likely to see it favorably. I'd think it better to be hired by an employer fully understanding your situation than to run silent and run deep hoping they never dig it up.
All times are GMT -7. The time now is 08:00 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved