General Forums >> Law Enforcement Careers >> Getting hired even after an arrest?
Getting hired even after an arrest?
16 posts back to top |
Posted 17 days ago
Back in 1996 I was arrested for insurance fraud. The bad thing about it is I was not guilty of it. I had turned in my roommates at the time for their fraudulent insurance claim and they tried to implicate me to get even. I was arrested but never charged. I was home on leave after graduating Boot Camp at Paris Island when the arrest took place. I had reported them before I left. For a long time I thought the issue was cut and dry and they realized I should not have been arrested in the first place. However, certain aspects started to come to light after a while. First off, I put way too much trust in the detectives that worked the case. Because my dad had been with that agency for so long neither one of us thought for a second they were back stabbing sacks of garbage. I know I was very young and stupid back then but I was not a criminal. They had made up their minds that I was also guilty of that crime even though I most certainly was not. This arrest was so devastating to my dad (again a highly respected member of the Sherriff’s Office) that he suffered a heart attack and died from it. As time went on I would have to answer questions about this arrest but it never really amounted to much. When I was working in Iraq as a civilian in a Security job I was given a secret clearance. So I assumed the arrest was insignificant. Well, that turned out to be a dream. I applied at a local agency where I live now, far away from where the arrest took place over a decade ago. I know I had to let them know I was arrested but I did not think any more about it. When I met with the person who administers the polygraph (which I cannot believe any agency still uses) he had a huge file in front of him that contained the details of my arrest. The file I got a copy of for my application was one page, he had a novel. Long story short, I was turned down for employment with them and it took me almost two years to find out why. I was finally told that between my injuries from the military and my involvement in that crime I was not acceptable material for their agency. The arrest combined with my injuries got me turned down. Now I am trying to get in the police academy on my own so we can move from here and try it somewhere else. I have tried being honest and I cannot get hired. So what can I do to address this arrest and make it clear I am suitable material for law enforcement? Also, how can I find out what all is in that file? Obviously there is more going on here than I am aware of and I must find out what it is.
There is more back ground here that might make this a little easy to answer. But I was trying to keep this part short. I can go more in depth if need be.
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16 posts back to top |
| Posted 17 days ago
I feel I must go ahead and go a little deeper with this.
Since that arrest I served in the Marine Corps where I had to leave early because of the deterioration of my mother’s health after the death of my father. However, while I was in I served with the Security Forces and had a secret clearance. I then joined the Army after Sept 11 where I earned an AA in Criminal Justice and a BS in Criminology. I was then recommended for OCS where my military career came to an end to do a life threatening injury. I recovered and took a job in Iraq in Security and Force Protection. I rose through the ranks quickly and was put in charge of the civilian Security, investigations, and Force protection for that base and again held a secret clearance. Now, I have been home for about two months and I am trying to get in the academy on my own. So as you can see, that arrest should not be enough to stop me from getting hired. I have to know the details of that file that no one wants to share with me.
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202 posts back to top |
| Posted 17 days ago Not knowing all of the ends and outs of your unique situation, if I were to guess, I would have to say that you are beyond statute of limitations but I would probably consult an attorney in your state to make sure. While there, I think I would ask him if there was a way of having the arrest record removed (which I doubt can be done) or at the very least get the court of jurisdiction to place a disposition of dismissed with prejudice in the disposition portion of your "record". While you are at it, I would submit a Freedom of Information Act request to the arresting department (probably should do this part first) so you will know EXACTLY what the report says and can then show that to the attorney that you seek your assistance from. If the report you receive is kind to you, then when the time comes for the background investigation, you have something to give to the department if you feel they need it to consider. At the very least, you will know before the questions are asked what the background investigator is looking at. Good luck in your endeavors. |
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16 posts back to top |
| Posted 17 days ago Thank you, you brought up some things I had not thought of. I will be going to Floirda soon and while I was down there I wanted to get what ever I could on this. |
10 posts back to top |
| Posted 16 days ago im kinda of in the same boat as you brother but mines newer its only 6 years old this month and it is for 3rd degree assualt the circumstances surrounding it are kind of bs i was jumped by 5 guys and came out on top. like everybody went to the hospital on a strecher except me and they arrested me the original charge was 5x attempted murder cause of military training but the DA dropped it if i plead so i was wondering if it was possible for me to be a leo |
4 posts back to top |
| Posted 16 days ago I'm not sure what the laws and standards are in your state, but i know that in NC, if you were not convicted of the crime you can have the incident expunged from your arrest record. You will need to talk to a good lawyer in your state to see if an expungment can be done, however it will cost a little bit of money. |
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23 posts back to top |
| Posted 16 days ago Crakr, I doubt it. It would take some serious divine intervention. From reading your post you seem to be saying you plead guilty to a lesser charge. I have no idea what your military training was (I am impressed though) but the DA charging you with five counts of attempted murder because of that seems odd. Every state is a little different but in some if you plead guilty to a lesser crime, the others are dropped. eg. You are charged with Attempted Murder, the sentence for that is the same as Aggrv Assault (a lesser offense), so you get an Aggrv Assault conviction and sentence. One of the conditions of this pleading guilty is that you cannot appeal. The fact that you have waited SIX years to deal with this will pretty much doom any hope of getting this expunged, tossed out, etc. Unless there were some serious legal screwups. You will have to hire an attorney to help with this.
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1550 posts back to top |
| Posted 16 days ago Bottom line is you will have to keep trying if that is what you want to do. In times like this more people are looking for jobs and there are fewer jobs. If you were passed over it could have been as simple as they knew someone and you did not ( or did and they did not like you or your dad personaly but they will never tell). Do not wast time on the rejections the true answere may never be known all you will get is the safe answer of they were better quafied. drink up me 'arties yo ho avast ye don't ask we be friends if 10 post we not shared AARGH ye be prepared to kiss the gunners daughter if I be crossed |
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10 posts back to top |
| Posted 16 days ago wel his basis for wanting to charge me that way was because i hit one guy so hard it caved his face in and popped his eyeball out and i broke bones on everybody else i used to be a dangerous man now im just a big cuddly teddy bear or so my wife tells me |
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16 posts back to top |
| Posted 16 days ago That is the problem. Two years after I was rejected I finally got answers. That arrest was one of the reasons they turned me down. The other was my injuried form the military. Even though I p[assed their PAT. What exactly does it mean to have my record expunged? Will law enforcement agencies not have access to it any more? The problem is the reords the Sheriss's office has. The contents of their records seems to be the reason for getting turned down. I have thought about the dedectives that worked the case may have been enemies with my dad. Even though he was widely respected he could still have had people not like him. |
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23 posts back to top |
| Posted 15 days ago Having your record expunged means that you and your attorney go to court and make a motion to have the records FOR THAT PARTICULIAR ARREST REMOVED FROM YOUR CRIMINAL HISTORY. Then there will be a hearing scheduled. I would imagine the DA's office will represent the state. I have no idea how the exact process works or how involved it is. You will need to hire an attorney, probably criminal defense (guess). It does NOT mean your entire criminal history is thrown out - anything else is still there. All that may happen is that the arrest record for this incident is deleted and a notation is inserted that states something like this record expunged per court order........ You need to be talking to an attorney about this, most cops never deal with this stuff....
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364 posts back to top |
| Posted 15 days ago An expungement is a civl matter. I am very knowlegable as I have attended an expungement hearing. There is a time frame for filing this action. If you are seeking an expungement only and not seeking compensation changes are the city or state will not show. The expungement hearing I attended had only the person seeking the expungement, his attorney, the judge and a court reporter. You may want to google expungement and see if it is covered. This action only covers arrest records and not conviction. If convicted of a crime a governors pardon is the only option. PM me if additonal questions arise. |
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16 posts back to top |
| Posted 15 days ago Condifering this is my only arrest and I was never convicted let alone charged I would love to get it expunged. When I am down inf Florida for Thanksgiving I will go to the county biulding and see what I can do. |
4714 posts back to top |
| Posted 15 days ago
Florida Florida law allows for expungement of criminal records that do not include a conviction, and permits the sealing or expungement of records where adjudication was withheld.[4] To be eligible for sealing or expungement, the defendant must not have been convicted of or have pled guilty to any criminal offense, and must not have previously received an expungement or sealing. Some criminal records are ineligible for expungement or sealing if they resulted in a final disposition of Adjudication Withheld.[5][6] A Certificate of Eligibility from the Florida Department of Law Enforcement is required prior to petitioning the court for an order to seal or expunge a record. There is a $75.00 charge for the Certificate of Eligibility. A successful sealing will limit disclosure of the record to only the Florida Bar, the Florida Department of Children and Families, the Florida Board of Education, law enforcement and in a few other circumstances. An expunged record will be unavailable for dissemination to any private or public entity, though the four agencies that can see a sealed record will be informed only that a record has been expunged. The only thing you have to do is die. |
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4714 posts back to top |
| Posted 15 days ago Be advised though, that getting ur record expunged doesnt mean LE wont see it. They will see it and see what all happened, they will just be warned up front that the record has been expunged and the details about remain confidential, but as soon as a LE agency runs ur background the expunged record will pop up. The only thing you have to do is die. |
2809 posts back to top |
| Posted 15 days ago If you were simply arrested and never charged, much less convicted then I doubt that it is really the problem. Much like another poster when i was young and in the military and drunk I was jumped by some other sailors and survived an attempted mugging. Unfortunately I WAS drunk and very scared and the three suffered very serious and one permanent injuries. I was arrested for very serious charges such as inciting a riot, resisting, maiming, A&B with intent, and drunk. I was guilty of drunk but nothing else and my CO had me released and the charges were never filed as the other three were also under his command. I did inform my agencies of this and that was never a problem. What I suspect is your problem are you injuries. Many departments are reluctant to hire anyone that has a great chance of further injury or disability. |
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16 posts back to top |
| Posted 15 days ago So in a real world situation, what would the expunged record do for me? Law Enforcement is all Iwant to do so if they are going to see it any way, does it really matter? I guess that fact that it was able to get expunged might carry a small amount of weight but will it be enough? Oh and to clarify, I was not the one that posted I hurt some one. My arrest was a bogus insruance fraud claim that I had nothing to do with. Also, what about the record the Sheriif's Office has? They have different filesthan the court house that include all the reports and details of the investigation. I already know the detectives that worked it was not far from being retarted but it is my word against thiers. Who do you think a potential employing angency is going to beleive? |
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1550 posts back to top |
| Posted 14 days ago As the years progress the tools used by HR personel increses. As an example every thing we do and say on this site or any other can and in more cases than you think is looked at. So by calling the Detective a name or second guessing his reputation into question will not help. I know for a fact people have been fired or application tossed because of what someone has posted on facebook or twittered. I do not want to sound mean but the hard questions you have faced you will always face with or without an expungment. I have know of agencys looking into credit records and other items you think is personal. We are put on display every day we put on a uniform and every action we take. There are so many people who want jobs in Law Enforcment your chances may be slim especally with a larger better paying agency. You may try doing a better job of what happend and how you were not involved. In the real world you are innocent untill proven guilty when interviewing a Leo why take a chance on someone you have too many questions about. There are too many out there with spotless records and more training to bring to the table. But good luck. drink up me 'arties yo ho avast ye don't ask we be friends if 10 post we not shared AARGH ye be prepared to kiss the gunners daughter if I be crossed |
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16 posts back to top |
| Posted 14 days ago That is why I want this corrected. I know I will get passed over for some one who as no history. And I think that is a bad thing not just becuase it keeps me from getting hired but also hiring some one who does not understand the effects of a bad decision will make bigger ones after he or she is hired. If you made them and learned from them before hand I would think that makes you a better choice. But I do live in the real world and realize that is not how it works. I cannot help but feel anger towards those detectives becuase I hate bad cops. They make all cops look bad and good ones like my dad has to pay the price. I agree I should not call them names but I would not be in this situation if it was not for them. I did the right thing by reporting a crime, then I am treated like a criminal. That is not right. LEO's like that make me want to be a better cop just to show they represent the few and not the many. |
