PoliceLink

I suppose I need not be too much more detailed, outside the title line, but does a felony disqualify me from anything in the field of law? (that is other than some type of self-employed)

At the age of 17, which is now 23 years ago, I assisted 2 other kids in stealing a motorcycle.  The main kid sadly and unfortunately was killed in an accident before it went to court and the other had a wealthy father, therefore the ritzy lawyer that daddy could afford, which plain and simply got him out of it .... and that left me, the lawyer-less and not wealthy (or smart at the time) to take full blame.  Now make no mistake, I was involved and accept that, however the truth is it's been 23 years of discrimination for lifting a bike into a truck.  (that was my part in this.)

Am I correct in my guess that no law enforcement would give me a chance to earn/be part of their team because I have this old F4 felony (even if it is as old and for that matter for what the details were)?

Not to go on and on, but if that is the case, (not that it matters) but I guess I'd hope that anyone/someone would at least agree how crappy that is and again not that it matters but how sad it is that for my entire adult life I've had to be self-employed, if I wished to be rewarded/compensated and I suppose it's a "sucks to be me" for one field, mortgage lending, really changed up therefore the small guys, as myself, were squeezed out and then the second choice of IT just came too late (dot com bust in early 2000's unfortunately whammied thousands of people, all of whom where/are way above me in the first place so that kinda sums it up for me.

Law has always been in my heart.  I'm not a hundred percent sure but I think at one point I had asked an officer about this and his response was "sorry but no records".

If the case .... well, I'll simply continue to stick with my part and try to share my story to the youth as the unfortunate discrimination that exists - point being how serious we need to pay attention to our actions for this is as costly as it gets.  I don't know how someone could disagree.

Anyways, God bless all of you out there and thank you for the service you give.

If law enforcement is truly in your blood. . . .so to speak, first thing I would do is hire an attorney and see if the felony can be expunged and then with the attorney, go through BATF to get your rights to guns re-instated.  Once this is done, then I think I would start trying to buddy up to your small town PD's and try to make friends with the officers and chief.  Once that friendship has been established, then you might ask them if you have a shot or not.  Big departments are pretty much out as they have a flow chart that they follow to a "T" and if you fall outside that chart, good bye.  Small departments have some wiggle room sometimes and MIGHT be able to find a place for you if they feel like you are worth it which will only be known through their contact with you.

Worse comes to worse and they say you're screwed, at least you have the felony behind you where a different business will never see if/when they do a background check.  You will also have your gun rights back.  Police departments will always have access to that record no matter how deep you get it buried but if it is expunged, a regular business will not have access to your record.

Steve

Before going through the effort in trying to get into law enforcement, make sure your record is otherwise clean, you have good credit, you have a good job history, etc etc (ie in otherwise, you've led a good and decent life from that point until now). Otherwise, it'll be a waste of your time and your backgrounders.

Should you pursue an expungent of your record, that will give you an opportunity to try to get in. However, make sure you are still honest on any background with a department, concerning the expunged incident/record. They will see it and still require explanation, particularly if you aren't the first to bring it up.

Jlu492: I don't think you can expunge a felony conviction anyway in my state it takes a governors pardon. If ones record is expunged he/she does not need to reveal to any agency ones applies with. Once expunged he/she receives a court order which in turn makes the arrest record disappear, therefore it never occurred. There is no reason to reveal as records are sealed and cannot be viewed due to the order signed by a judge. Expungement laws are set up to seal arrest records for those who may wish to enter the military or law enforcement. The arrest records are deleted from computer data and the complaint documents filed by the court are destroyed. If written reports documented the arrest the defendants name and any identification linking the person to the offense is marked out.  The agency which conducted the arrest and prosecution is ordered by the court not to reveal the arrest.  I am certain this procedure is common in all states. My feeling on the matter is if a person goes through the expense to expunge an arrest record why would you reveal to any agency since that is the purpose of the expungement to make the mattter go away.

I'm sure every state is a bit different. From my understanding, revealing what has happened regarding an expunged incident is not so much to punish one again for the crime, but to be certain of the honesty and integrity of the person interviewed. Taking a polygraph will almost certainly reveal this, as one can't in good conscience, claim something didn't happen when it did. Else you'd be looking at a pathalogical liar.

msp1672. An expungement is a civl action filed against the city or state in which the arrest occurred. It only seeks the order of the court to seal the file to protect the defendant. There is a time limitation on this action. Generally the city or state does not show up to contest this action due to the fact the person filing this action is not seeking compensation and only the sealing of the complaint. I attended an expungement hearing years ago and the only persons present were the person filing this action his attorney the judge and court recorder. The person take the stand to testify that he/she was found not guilty and the arrest record could affect them later in life. Only police applications ask for arrest and disposition. Once the judge signs the order the person receives a copy of this order and presents it to the city or state attorney. Once viewed they order the agency to delete the files in the matter and the court destroys the arrest file in its entirely. Police personnel cannot discuss this matter once the file is deleted even with other agencies. This file is closed and the person filing and receiving the expungement is informed by the judge that the arrest is expunged and did not occur. The person is also instructed by the judge to show no arrest when making application to any police or government agency. Any hand written reports must mark out the defendants name or any information that identifies the defendant. It makes no sense to me to disclose the information when a person pays a large some of money to make this matter disappear. It defeats the purpose of the expungement.

ShockUSMC87 says ...

, including in the polygrpah, about with holding expunged or pardoned arrests from the background packet. The wanted to know and it would of got them DQ'd.

If it's been expunged, technically it didn't happen.

Sorry if I was misunderstood. . . .I knew what the purpose of the expungemnt was for.  What my question was maybe a misunderstanding on my part.  I understood an expungement as a once in a life time shot at saying, "I screwed up, I have changed and want a do over".  The expungement could not occur until after 7 years after the disposition of the original sentence and was only for certain types of crimes.

My question then was if I was correct with the once in a life time shot, how does the court know if person A has used his "freebee" once already unless there is a record of it somewhere?  In Michigan we have a first offender's program which my understanding was that it was an automatic expungement where upon entering a plea of guilty or no contest and as long as all agree, the court sentences the person to x, y and z.  One of the items is usually probation.  At the end of probation, as long as person A has complied with the requirements of the court, then the record is sealed.  Again, it is a one time shot but while the information is "invisible" to the outside world, it is available to law enforcement, including the prosecutor's office so person A can't continue getting that "do over" again and again and again and. . . .I think you get the picture.  Maybe I'm mixing oranges with tangerines. . . .different, but still somewhat the same.

Sgt405 says ...

You either will or will not list it. Pre-Polygraph questionaire, you will either list it or not. Actual polygraph time and believe me you will tip the scale. Either way, the dept. will know because you listed it or you had to come clean on the poly. 

 Again, they wouldn't be lying to say they were not arrested once it has been exponged. Even if the polygraph detects the discomfort in the question, they would not by lying (which would register as a lie, which is a perfect example of the polygraph not working).

B_Mac says ...

Sgt405 says ...

You either will or will not list it. Pre-Polygraph questionaire, you will either list it or not. Actual polygraph time and believe me you will tip the scale. Either way, the dept. will know because you listed it or you had to come clean on the poly. 

 Again, they wouldn't be lying to say they were not arrested once it has been exponged. Even if the polygraph detects the discomfort in the question, they would not by lying (which would register as a lie, which is a perfect example of the polygraph not working).

Depending on what state ur in.....Expunged records arent hidden from LE.... LE and certain other entinties are allowed to see, just the general population doesnt have access to it.

Another thing to consider is that by my fuzzy math 17+23=40 years of age.   You are knocking on senior citizen status as a police cadet and rookie officer.  I know it has been done by older people blah, blah, blah.  Who are sucessful as officers.  They are the highly motivated.   If you want to do the expungement process hire a lawyer and go for it.  After that if you decide to apply with a LE agency I think you will still have to reveal the felony arrest/conviction/expungement details.  They ask if you had anything expunged, other names you used, etc, etc.  The polygraph will probably ping on that to.  Legally you may be able to say you have no felony arrest/conviction after expungement but your mind will still know that you were arrested, charged and convicted of a felony. 

As for the actual event you admitted you had a part in a felony.  The fact that one died and daddy got the other off is irrelevant.  You actively participated in the commission of a felony......   

Shock. Once the expungement is granted and the order signed by a judge, police agencies do not have access to this information. It generally is destroyed or sealed. Only arrest can be expunged and not convictions. Once the order is signed by a judge the arrest did not occur. There is not a paper trail to follow. I have researched this topic to death many years ago for a friend.

I know every state is a little different. In MN, under MSS 609A.03 Petition to Expunge Criminal Records:

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a criminal investigation, prosecution, or sentencing, upon an ex parte court order;

(2) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order; and

 

I find all expungments when I do a background here in Texas.