Can I be a cop with a misdemeanor?
Aspiring law enforcement professionals often face a common dilemma: Can I still pursue a career as a police officer despite having a misdemeanor on my record? This article will provide a detailed answer to this question and explore the factors that determine an individual’s eligibility for police work with a misdemeanor conviction.
What is a Misdemeanor?
Before diving into the specifics, it’s essential to understand what a misdemeanor is. A misdemeanor is a type of criminal offense that is considered less serious than a felony. In most jurisdictions, misdemeanors are punishable by fines, community service, or imprisonment for a shorter period than a felony.
Federal Regulations
In the United States, the Federal Bureau of Investigation (FBI) sets the standards for police officer eligibility. According to the FBI’s Uniform Crime Reporting (UCR) Program, a misdemeanor is considered a disqualifying factor for police officer hiring. The FBI has a list of specific convictions that disqualify applicants from becoming police officers, including:
• Drug-related offenses
• Crimes against children
• Crimes of moral turpitude (such as theft, forgery, or perjury)
• Domestic violence convictions
• Felony-level convictions (even if expunged or sealed)
However, it’s essential to note that each jurisdiction has its own rules and regulations regarding police officer eligibility. Some states or cities may have more lenient policies or specific exemptions for certain types of misdemeanors.
State and Local Regulations
State and local laws regarding police officer eligibility vary widely. Some jurisdictions may consider a misdemeanor to be a disqualifying factor, while others may have more flexible standards.
Example:
| Jurisdiction | Misdemeanor Eligibility Policy |
|---|---|
| California | Candidates with misdemeanor convictions are disqualified unless the conviction is unrelated to domestic violence, drug use, or a felony-level offense. |
| New York | The NYPD has a "three-strikes" policy, which disqualifies applicants with three or more misdemeanor convictions. |
| Texas | The Texas Commission on Law Enforcement (TCOLE) does not automatically disqualify applicants with misdemeanor convictions. However, the commission reviews each case individually. |
Exemptions and Waivers
In some cases, exemptions or waivers may be available for individuals with a misdemeanor conviction. These can include:
• Juvenile adjudications: Convictions as a juvenile (under the age of 18) may not automatically disqualify an applicant.
• Mistakes or errors: Candidates who can demonstrate that they were mistakenly or incorrectly charged with a misdemeanor may be eligible for a waiver.
• Expungement or sealing: If the misdemeanor conviction has been expunged or sealed, the candidate may be considered eligible.
• Supervisory approval: Some jurisdictions may allow candidates to apply for a waiver, which would require approval from a supervisory officer.
Challenges and Limitations
Even if a candidate with a misdemeanor conviction is deemed eligible, they may still face additional challenges:
• Background investigations: A candidate’s criminal history may undergo a more thorough review.
• Psychological evaluations: The candidate may undergo additional psychological evaluations to assess their fitness for duty.
• Community support: The candidate may need to demonstrate strong community support or sponsorship from a local agency.
Conclusion
Can you be a cop with a misdemeanor? The answer is yes, but with significant caveats. The key factors that determine an individual’s eligibility for police work with a misdemeanor conviction include:
• The type of misdemeanor: Felony-level convictions, crimes against children, and certain drug-related offenses are usually disqualifying factors.
• The jurisdiction’s policies: Each state or local agency has its own rules regarding police officer eligibility.
• Exemptions and waivers: Certain convictions, such as juvenile adjudications or expunged or sealed records, may be eligible for exemptions or waivers.
Aspiring police officers with a misdemeanor conviction should research their jurisdiction’s policies and consult with hiring authorities to determine their eligibility.
