Can I get a guard card with a felony?

Can I Get a Guard Card with a Felony?

Understanding the Basic Requirement

Obtaining a guard card, also known as a security officer registration, is a mandatory step for anyone looking to work as a security guard or unarmed security officer in the United States. However, the process becomes more challenging for individuals with a criminal record, particularly those who have been convicted of a felony.

Prior to the Application: Understanding the Felony Records

What is a Felony?
A felony is a type of criminal offense that is considered to be more severe than a misdemeanor. It is punishable by more than one year of imprisonment, and often comes with severe consequences, including fines and even permanent registration as a sex offender. Examples of felonies include murder, assault with intent to kill, drug trafficking, and theft with violence.

Why Does This Matter for a Guard Card?
In the vast majority of states, if you have been convicted of a felony, you are not eligible to work as a security guard. A felony conviction is often a disqualifying factor due to concerns about the person’s integrity, reliability, and trustworthiness to carry a weapon, safeguard others, and respond effectively in high-pressure situations. Additionally, some employers or clients may view an applicant with a felony conviction as a security risk or lack of reliability.

Post-Application and the Screening Process

How Can I Apply for a Guard Card with a Felony?

1. Check Your State’s regulations: Familiarize yourself with the specific requirements in your state, as well as any relevant local and federal regulations. Each state has its own unique processes and rules.
2. File an application: Submit a comprehensive application for a guard card, truthfully answering all questions. Be prepared to provide details about your criminal history and any convictions.
3. Fingerprinting: You will typically be required to provide fingerprints for verification purposes.

Will a Felony Disqualify Me from Obtaining a Guard Card?

YES, if your felony was committed:

• Mandatory to Life as a part of the judgment
• A weapons offense, such as:

  • Violent weapons offenses
  • Explosive device offenses

• An offense against another person, including:

  • Assault or battery with violence
  • Stalking or restraining orders

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• An offense related to controlled substances, such as:

  • Possessing, distributing, or manufacturing controlled substances

Please note that these disqualifying offenses may vary across states, so it is essential to research the laws in your state and discuss your options with a trusted legal or professional advisor.

Reform and Expungement in the State’s Process**

**Is It Possible to Get My Felony Pardoned or Expunged?**

1. **Pardon**: In most states, a pardon erases your conviction and sentence, making it legally nonexistent. This may take months or even years to attain.
2. **Expungement**: In the United States, most laws allow expungement after a specified period, generally 3-10 years, subject to state statutes and individual circumstances. Your conviction becomes “expunged,” which means:

+ **Legal conviction is treated as though it never happened**
+ **Access to certain types of jobs or opportunities potentially restored**

However, your employer may still request clarification about the conviction during hiring or while employed. Prior to submitting an application or seeking an expungement, it is crucial to:
* Research state expungement laws
* Understand the requirements
* Consult a reputable legal expert or organization specialized in criminal records expungement

**How Do Courts and Administrative Agencies Process my Application?**

Upon completing the application process, court and administrative agencies typically undertake the following steps:

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| Step | Process |
| — | — |
| 1. Application Submittal | Filing an application and paying any fees |
| 2. Background Investigation | Verifying criminal records and checking |
| 3. Psychological Evaluation | Determining psychological suitability |
| 4. Certification | Review of application materials and certifications received |
| 5. Final Determination | Denial, approval, or conditional approval based on decision-making process |

Conclusion

The path to securing a guard card with a felony can be complex, and understanding the process may require a comprehensive understanding of state-specific laws and legal procedures. **Falsifying or withholding information, including felonies, in your application may lead to denial or revocation**. Be prepared to reveal your full criminal history during the application and background investigation phase.

Ultimately, your quest for a guard card can be more successful with honesty, open communication, and a focus on demonstrating change and responsibility since the occurrence of your felony conviction.

**References**

1. California Commission on Peace Officers’ Standards and Training – Felony Disqualification Guideline (PDF)
2. American Community Survey Data (U.S. Census Bureau, 2021)
3. “Laws Concerning Convicts and Criminal Records” [PDF] 4.
5. Washington State Legislature – Revised Code of Washington – Felonies [RCW Chapter 9A](Washington State Legislature – Revised Code of Washington – Felonies)

Note: If you’re an individual dealing with felony-related concerns during the application process, this article does not replace sound legal counsel or advice tailored to your unique circumstances and jurisdiction.

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