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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Disqualified for Police Officer Position

    My question involves criminal law for the state of: Indiana

    I will keep it short. 7 years ago I came home to my wife cheating on me, I slapped her, they both left. The other guy called the police, I was arrested for domestic battery. The charge was reduced to simple battery.

    I have almost completed my bachelors in criminal justice and I was at the final stage of the police applicant process. I went in for a polygraph, before the polygraph was to take place they ran a background check and disqualified me for domestic battery. I told them (in paperwork and in person PRIOR TO APPLYING) that i had a battery charge 7 years ago from slapping my wife. However they said that when they called the DAs office that she said it was domestic battery....

    I immediatly called my lawyer and he said the conviction of domestic battery was vacated and replaced with a simple battery charge (which does not disqaulify me).

    Whats the deal? Advice? I plan on calling the DA first thing in the morning and trying to figure this out.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Disqualified for Police Officer Position

    If you have been improperly disqualified for the position, that's certainly something you can try to clear up.

    But if you're not disqualified, but are simply being told that they are not going to hire you because you were charged with domestic violence and ultimately convicted of assault, such is life. They can choose to hire applicants with cleaner (or clean) criminal records.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Disqualified for Police Officer Position

    The guy specifically told me that I was disqualified and could not continue in the process because I had been arrested for domestic battery. However, my conviction was reduced to battery... does this not matter? My lawyer told me years ago when the charge was reduced that the domestic battery conviction was vacated and it should only show up as battery.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Disqualified for Police Officer Position

    An agency can choose to discontinue the process for most any reason they choose. If they feel that a battery conviction - DV or not - is sufficient to drop someone from the process, that is the agency's choice.

    Heck, the agency could decide not to continue with your process because your neighbor told them you kicked her cat!

    If they are under the erroneous belief that it was a DOMESTIC battery, and you can prove to them that you were not convicted of that offense, then maybe you will stand a chance. But, if they DO understand what you were convicted of, and see that you had been originally charged with domestic battery and do not like that history, they are certainly free to act as they wish.

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