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  1. #1

    Default Becoming a Police Officer with an Expunged Criminal Record in Oklahoma

    My question involves labor and employment law for the state of: Oklahoma

    I had a Misdemeanor domestic assault and battery (non-lautenberg) in may of 2015, that I took a plea deal on. It required me to attend a 52 week domestic assault and battery class and upon completion my conviction would be expunged, replaced with a 991(C) expungement, and would show i entered a plea of not guilty and the case was dismissed. I am planning to file and get a Section 18 expungement in the next month to expunge my entire arrest record. I graduate with my BA in criminal justice in 2 years, and am curious if this will stop me from becoming a police officer in Tulsa. I am able to legally own firearms - and can purchase them (as I have done just to make sure, not sure if that matters or not). Can local law enforcement agencies ask me about my expunged record? Or can they even see it? My OSBI record just shows Not-guilty - case dismissed, currently. I assume that TPD would be able to see the same thing as OSBI? Any help on this would be greatly appreciated!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    To answer your questions, YES the can ask. And YES, you better answer truthfully. Being found out to be lying is an absolute bar to being a law enforcement officer. Yes, they can inquire from you the details fo the dismissed/expunged conviction. Yes, they can research the details themselves by calling the departments involved, etc.

  3. #3

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    Thank you for your response flyingron. My attorney told me that after getting the Section 18, that I would legally be able to say that the event never took place, and that it didn't matter who was asking. Also, there weren't any departments involved (apart from the sheriffs department) An arrest warrant was issued by the district attorneys office 6 months after the "incident" and I went and turned myself in at the county jail and bonded out in about 40 mins. After getting the section 18, how would they be able to see my record, if its gone from OSBI? Would only the agency involved be able to see? Trying to get a feel for how all of this works. Also, another question that wasn't answered was would that charge bar from employment as a police officer?

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    Assuming they find out about the charge, which there is a better than average chance of them doing if they do decent background checks, the charge itself would not be an automatic bar. It will however put you behind similar qualified candidates who have no criminal history, expunged or not.

  5. #5
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    Records that are sealed from public view are NOT concealed from law enforcement view. If you want to work as a police officer, do not lie on your application. Tell them about the crime and the expungment. Honesty is always the best policy.

  6. #6

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    Ah, I see. Thank you both for your information.

  7. #7
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Becoming a Police Officer in Ok with Expunged Record

    When you apply, you will fill out a personal history statement as part of your background investigation. One of the questions it asks is for you to list all contacts with law enforcement, irrespective of whether you were a witness, victim, reporting party, suspect, etc. The answer to that question is not protected by an expungement order.

    In addition, an expungement order does not prevent friends, relatives, previous employers, coworkers, neighbors, persons involved in the assault and your enemies from telling the background investigator about the incident.

    But you have more to worry about than the background investigation finding out about your expunged conviction. In most states, every law enforcement candidate is evaluated to determine if they are free from any emotional or mental condition that might adversely affect the exercise of the powers of a police officer, and to otherwise ensure that the candidate is capable of withstanding the psychological demands of the position. This is determined through a series of written and in person psychological evaluation as administered by a licensed psychologist. Traditionally, people with violence associated convictions (expunged or not) have a lot of trouble passing the psych exam. It's not that you are considered to be Cuckoo for Cocoa Puffs, but its more that folks like that do not fit the particular psychological profile they are seeking in police candidates.

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