Becoming a Police Officer With an Arrest Record

My question involves expungements or pardons for the state of: Virginia

In december of 2000 i was convicted of a simple misdomenor possetion in Fairfax County VA (VA 18.2-250 simple possetion under one half oz of marijuanna ). However i was arrested on felony charges for possetion with intent to distribute. I was 19 years old when i was arrested and am now 28 years old and have completely straightened out my life. Since then i have not used at all and have not been in any trouble with the law in any way. I consider myself a upstanding member of society and have in the past 2 years decided that i would like to become a police officer. I completed Basic Law Enforcement Training (B.L.E.T.) here in N.C. and was almost about to be employed by a law enforcement agency in this state. The day i was supposed to start i had the chief sit me down and tell me that i was unable to be certified by the state due to my arrest, not the disposition of the case.

Now i am fully aware that since i plead guilty i am not eligable for a expungement, however i have been told that if i apply for a simple pardon that it will not aid me at all because they will still see the arrest however it will only say pardoned on it.

Is there anyone out there that has any ideas as of what i should do. I would like to some day become a detective and this is deffinately a part of my life that i am ashamed of. I was only 19 years old and to be quite honest i was immature and hanging out with the wrong people. I just want to be there for people and be a great police officer. I graduated top in my class and have a love for law and the ideas and principles that this country was founded on. I am just asking to be forgiven for what i had done. It has almost been 10 years since my arrest date and have had this hanging over my head.

Does anyone out there have any ideas. Please i am despeate as my certifiability only lasts another 10 months. If i have to go back through BLET again that is fine but i wont do it with this still on my record. If there is any way please let me know. :wallbang:

You best refocus your goals. Any job in Law Enforcement is not going to happen for you. Even with a pardon or expungement you are likely to be disqualified for work in Law Enforcement

So even though i have been a Paramedic, and a FireFighter there is still no chance? I just need to try something other than throw up my hands and give up. I know this is what im supposed to do with my life. I was hoping for something more than give up and try something else.

Each agency may look at your past differently but I would not hold my breath.

Well here is the deal. Ive been told if there was any way i can receive an expungement that i would deffinately be eligable. I cant give up. Ive worked too hard to get where i am. There HAS to be a way. This is my future career. Im not the type to sit back and allow myself to fail. Any other oppinions? Even at the federal level. Any chances? And in NC is just training and standards that need this. Not seperate agencies.

Quote:

---

Quoting TylerRS

---

So even though i have been a Paramedic, and a FireFighter there is still no chance? I just need to try something other than throw up my hands and give up. I know this is what im supposed to do with my life. I was hoping for something more than give up and try something else.

---

both of these are career jobs that require education and hard work. Why are you departing them and where did you find time for education required for both? There is a member of Law Enforcement on this site. I have sent him a message but again I would not hold your breath and I doubt you find any "loopholes".

Apparently the North Carolina Department of Justice website is down at the moment. But, if you go to their site:

http://www.ncdoj.com/law_enforcement/cle_cjets.jsp

You should be able to find out more information.

I am not familiar with VA law, but apparently your felony cannot be expunged (according to your research). However, have you checked to see if it might be able to be reduced to a misdemeanor?

Further, 18 USC 922(g)(1) makes anyone "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" of possessing a firearm. This would make you ineligible as a result of federal law. I don't have the cite immediately handy, but I believe that even a reduction under VA would still make you ineligible.

Your best bet might be to consult an attorney that deals with firearms and related laws ... after you review your state's web site or call someone at the DOJ that deals with law enforcement standards and training.

- Carl

Quote:

---

Quoting TylerRS

---

Well here is the deal. Ive been told if there was any way i can receive an expungement that i would deffinately be eligable. I cant give up. Ive worked too hard to get where i am. There HAS to be a way. This is my future career. Im not the type to sit back and allow myself to fail. Any other oppinions? Even at the federal level. Any chances? And in NC is just training and standards that need this. Not seperate agencies.

---

A sovereign incorporation, state of municipal, can require certain qualifications for employment of a safety officer, especially age. State law may forbid a person convicted of a high degree misdmeanor from carrying a weapon??


As long as denial of an applicant is not based on any discriminatory element under state law, such as race, religion, etc., state and or federal constitutions, you can be denied such employment.

I have a case in my notes here, a sovereign can even require a person be a US Citizen in order to be eligible for employment as a safety officer and it does NOT violate the Equal Protection clause.

"The appellant, Edmund Foley, is an alien eligible in due course to become a naturalized citizen, who is lawfully in this country as a permanent resident":


http://supreme.justia.com/us/435/291/case.html

If you are determined to find a loophole, then a consultation with an attorney is paramount, you need to know the law inside and out.

Best wishes.


BOR *Bill of Rights*

I think that is next. I was able to buy a handgun and own one now that is registered. I was Arrested for a low grade felony and convicted of a high grade misdomenor. An ammended arrest would be a good idea. Its just the felonious arrest that is giving me a hard time. I appreciate all your help. As far as the Medic and firefighter training. Well medic was only 2 years and firefighter was while i was a practicing medic. I am sick of that side of 911 and know i will be happier in the Law aspect of things.

Thats great but you need to be prepared for the likihood of that dream not coming true

Listen. The way I've lived is believing one thing. That is that if i give up then my dreams wont come true. I may have to do some insaine things to get to where i want to be, but anything is possible and beleive me im not giving up. Even if it means moving to another state. Like i said! This is what im supposed to do. So i appreciate your optimism :p Ill just keep at it. Giving up is not an option. Sorry

I did not say give up I merely suggested you mentally prepare yourself for a possible let down

Ahh. Sorry for being a smart ass then! I prepared myself the second i heard what i had to hear. Appreciate the heads up though. Ohh well. If this fails i still have med school at GW.

Virginia's expungement law provides:

Quote:

---

Quoting Code of Virginia § 19.2-392.2. Expungement of police and court records.

---

A. If a person is charged with the commission of a crime and

1. Is acquitted, or

2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, or

3. Is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted,

he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section.

C. The petition with a copy of the warrant or indictment if reasonably available shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed and shall contain, except where not reasonably available, the date of arrest and the name of the arresting agency. Where this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the specific criminal charge to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner's date of birth, and the full name used by the petitioner at the time of arrest.

D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition within twenty-one days after it is served on him.

E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner.

F. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records relating to the charge. Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.

G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.

H. Notwithstanding any other provision of this section, when the charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge. Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection I hereof.

I. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.

J. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth.

---

As you can see, it is difficult for somebody who is convicted of a charge to qualify. You can find information on executive clemency (pardons) in Virginia here.

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

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