Can You be a Police Officer with an Expunged Felony?
Contents
Preface
Applying to be a police officer is a rigorous and competitive process that requires meticulous screening and scrutiny. However, for those who have a criminal past, particularly a felony, the chances of being hired as a police officer can be extremely low. This article explores the possibility of becoming a police officer with an expunged felony and outlines the legal framework and processes involved.
What is Expungement?
Understanding the Legal Process
Expungement, also known as record sealing, is the legal process of removing criminal records, including felony charges, from public access. In the United States, states have enacted laws allowing for the sealing or expungement of certain criminal records, aiming to provide second chances for individuals who have served their time and demonstrate rehabilitation. Not all felony convictions are eligible for expungement, and specific laws governing the process vary by state.
What is the Difference between an Expunged and an Un-Expunged Felony?
- Expunged Felony: A felony record that has been legally expunged is considered equivalent to it never having happened. When an individual has their record expunged, all official records are sealed or destroyed, making it legal to deny having committed the crime.
- Un-Expunged Felony: Conversely, a felony record that has not been expunged or sealed remains on the individual’s criminal history, creating potential barriers for employment, education, or professional advancement.
Can You Be a Police Officer with an Expunged Felony?
A Complicated Answer
The Verdict: Yes, You Can
According to a 2016 report by the National Research Council, 27 out of 50 states do not restrict law enforcement jobs to applicants with expunged criminal records. Some states allow individuals with expunged felony records to apply and become police officers, albeit with certain considerations. Nevertheless, the complexity of laws and regulations remains, requiring careful examination and consideration of each individual case.
The Catch
While having an expunged felony record may increase the possibility of becoming a police officer, it’s essential to recognize that police departments can still deny your application. Departments may impose additional background checks, scrutinize the expunged felony’s circumstances, and consider individual circumstances, including the offense’s severity and your compliance with rehabilitation and probation terms.
Expungement’s Impact on Police Applications
A Legal Perspective
The legal analysis surrounding an expunged felony and police officer application can be complex. States’ laws, regulations, and federal guidelines all influence the assessment. Here’s a snapshot of the factors involved:
| Factor | Description |
|---|---|
| State’s expungement laws | Determine what records can be expunged and whether the felonies are related to crimes involving moral turpitude |
| Expunged felony’s details | Types of crimes (e.g., violent or non-violent), level of conviction, and age of offense |
| Background checks | Federal and local investigations might reveal additional criminal records, which can affect the application |
| Rehabilitation | Proof of successful rehabilitation programs, volunteer work, and community engagement can positively influence the hiring decision |
| Department-specific policies | Policies and practices vary among law enforcement agencies regarding expunged felons |
Challenges and Considerations
Common Concerns
- Moral turpitude: Some police departments scrutinize expunged felons for evidence of crimes involving moral turpitude, such as sex crimes, theft, or drug trafficking. These cases may render an individualineligible for a law enforcement job.
- Prior discipline: If the expunged felony led to criminal charges, subsequent convictions, or disciplinary action, these may raise red flags.
- Other criminal convictions: Having additional criminal records, even minor ones, can impact your application’s chances.
Conclusion
Becoming a Police Officer with an Expunged Felony: A Guide
To increase the chances of becoming a police officer with an expunged felony:
- Understand your expungement rights: Consult with legal professionals or state expungement lawyers to familiarize yourself with your expungement eligibility and procedure.
- Determine the types of offenses: Research which types of crimes are restricted or eligible for expungement under your state’s laws and the police department’s guidelines.
- Assess your record: Acknowledge and explain any mitigating circumstances or evidence of rehabilitation in your application or interview.
- Be prepared for background checks: Anticipate invasive investigations and preparedly highlight your rehabilitation, community service, and post-expungement activities.
In summary, having an expunged felony does not guarantee a police officer position. However, in some cases, it might not bar you from consideration either. Carefully weighing the pros and cons of applying will help you navigate the legal landscape and create a strategy for a successful career in law enforcement.
Important Notes
