Can You Have a Misdemeanor and Be a Cop?
The notion that law enforcement officers should be held to a higher standard of behavior is hardly a new concept. Many people assume that in order to become a police officer, one must be virtually flawless, with no hint of a misstep on their record. However, the reality is more complex. Can a person with a misdemeanor on their record still become a police officer? The answer is yes, but with caveats.
Contents
- 1 Federal Guidelines
- 2 Sate and Local Guidelines
- 3 Cases for and Against Hiring Misdemeanor Offenders as Police Officers **Cases For Hiring Misdemeanor Offenders:** • **Second chances**: By providing a second chance, we can rehabilitate and mentor individuals who have made a mistake, ultimately contributing to a safer and more resilient community. • **Limited impact**: Many misdemeanor convictions have little or no correlation to an individual’s capacity to perform law enforcement duties. • **Equal Opportunity**: Allowing misdemeanor offenders to become police officers acknowledges the value of equal opportunities and reduces discriminatory barriers. • **In-house Solutions**: Law enforcement agencies often have internal training programs aimed at addressing past misbehaviors, such as leadership development, peer mentoring, and counseling. **Cases Against Hiring Misdemeanor Offenders:** • **Erosion of Trust**: If citizens perceive that a police officer has committed a misdemeanor offense, it may lead to trust issues and compromise the law enforcement agency’s credibility. • **Poor Role Model**: An officer with a misdemeanor conviction may set a poor example for younger generation, undermining the respect for authority and law. • **Incompatibility of Values**: Law enforcement officials are expected to uphold strict moral and ethical standards, which may not align with the values demonstrated by those with a history of crime. • **Community Pressure**: In the face of public scrutiny and outrage, law enforcement agencies may receive pressure to prioritize the employment of officers without criminal backgrounds. Current Practices and Challenges
- 4 Conclusion
Federal Guidelines
The federal government outlines general guidelines for hiring police officers in the 1964 Civil Rights Act and the 1978 Civil Rights Act. According to Section 103.102(d) of the FBI Handbook, "Any applicant, including a conditional offer for employment, will be fully investigated to determine the following:…the applicant has not been convicted of or pleaded guilty or nolo contendere to a felony, infamous crime, or crime involving moral turpitude**."
While these regulations do not specifically address misdemeanors, the general spirit of the laws implies that a misdemeanor should not pose a significant issue. A misdemeanor is generally defined as a non-serious offense punishable by less than one year in jail or a fine of up to $1,000, or both. However, the interpretation of "felony" and "moral turpitude" can vary between jurisdictions, and individual law enforcement agencies may have more stringent hiring standards.
Sate and Local Guidelines
In the United States, law enforcement agencies are subject to varying state and local hiring regulations. While some departments may have a strict zero-tolerance policy regarding certain convictions, others may consider multiple factors before making a decision. The specific circumstances of the misdemeanor conviction, as well as the length of time since the incident occurred, can greatly impact an applicant’s chances of becoming a police officer.
Table 1: Misdemeanor Offenses May Not Disqualify (Source: Law Enforcement Officers’ Bill of Rights 2011, American Association of Law Enforcement Executives)
| Offense | May Be Considered for Hire |
|---|---|
| Littering | Yes |
| Disorderly Conduct | Yes |
| Simple Trespass | Yes |
| Petty Theft (small value) | Yes |
