Leader

Collapse

Announcement

Collapse
No announcement yet.

DUI reduced and expunged, do I still qualify?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • DUI reduced and expunged, do I still qualify?

    Hello,

    I'm currently in the process with an agency in California.

    So far....
    1)pelletb passed
    2)pat passed
    3)oral passed
    4)chief interview went also well

    However, step 5 & 6 is made up of my background and there is some uncertainty; I got a dui and caused an accident however I was able to get the felony reduced to a misdemeanor and then expunged (PC 17b and the 1203.4). I also have my own firearm and firearm permit, no problems with the DOJ

    what are my chances of progressing with this agency or any LE agency, taking account California state laws and the POST ??

    Any comments would be very much appreciated ?
    Last edited by Trojan3; 08-03-2017, 12:09 AM.

  • #2

    Any person convicted of a felony (or of a crime in another jurisdiction that would be a felony in California) is prohibited from employment as a California peace officer [Government Code §1029(a)]. This prohibition holds even if the conviction was sealed, expunged, or set aside. It may also apply to any convictions that were subsequently reduced to a misdemeanor occurring on or after January 1, 2004.
    Going too far is half the pleasure of not getting anywhere

    Comment


    • #3
      This is the worst thing I've read all week . Thanks for the info

      Comment


      • #4
        How did you get this far without disclosing it on your initial application? You left it off I bet...
        Now go home and get your shine box!

        Comment


        • #5
          The app said if expunged no need to list it. Only if it wasn't expunged.

          Comment


          • #6
            Originally posted by L-1 View Post
            Any person convicted of a felony (or of a crime in another jurisdiction that would be a felony in California) is prohibited from employment as a California peace officer [Government Code §1029(a)]. This prohibition holds even if the conviction was sealed, expunged, or set aside. It may also apply to any convictions that were subsequently reduced to a misdemeanor occurring on or after January 1, 2004.
            I can't find any reference to 17b wobblers, or the term expunged, sealed, or set aside anywhere in 1029(a). Is this from the background matrix?
            Other officer: Oh that's right, I forgot, you're God's gift to police work.
            Me: At least someone recognizes it.

            Turns out basic police work isn't so hard, you just have to leave the station.

            Comment


            • #7
              Blizz,

              GC 1029(a) prohibits convicted felons from becoming peace officers.

              Subsection (3) says:

              (3) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph shall apply regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.

              The reference to expunged, sealed or set aside is found on page 5-40 of the POST BI manual. The only authority they cite is GC 1029(a), so my assumption is
              that there's case law behind it.
              Going too far is half the pleasure of not getting anywhere

              Comment


              • #8
                Expunged doesn't mean it didn't happen it is still in your background
                Former Police Officer (Injured LOD)
                USAF VETERAN 2004-2012
                "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                Emergency Services Dispatcher, APG MD

                Comment


                • #9
                  Where you CONVICTED of a felony and later had it dropped or did the initial felony charge get reduced to a MISD and you were convicted of said misd and later expunged?

                  Comment


                  • #10
                    Originally posted by L-1 View Post
                    Blizz,

                    GC 1029(a) prohibits convicted felons from becoming peace officers.

                    Subsection (3) says:

                    (3) Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict or finding of guilt of a felony by the trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph shall apply regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.

                    The reference to expunged, sealed or set aside is found on page 5-40 of the POST BI manual. The only authority they cite is GC 1029(a), so my assumption is
                    that there's case law behind it.
                    You are correct on all accounts.

                    Citing your references, a man after my own heart.
                    Other officer: Oh that's right, I forgot, you're God's gift to police work.
                    Me: At least someone recognizes it.

                    Turns out basic police work isn't so hard, you just have to leave the station.

                    Comment


                    • #11
                      Urbancommando;

                      convicted of a felony and then reduced to a misd a couple years after, which then got expunged.

                      So im unsure of what will happen, i know the penal codes say it's not possible but I wonder if the department will make an exception due to my good track record thus far.

                      Comment


                      • #12
                        Originally posted by urbancommando View Post
                        Where you CONVICTED of a felony and later had it dropped or did the initial felony charge get reduced to a MISD and you were convicted of said misd and later expunged?
                        Urbancommando;

                        convicted of a felony and then reduced to a misd a couple years after, which then got expunged.

                        So im unsure of what will happen, i know the penal codes say it's not possible but I wonder if the department will make an exception due to my good track record thus far.

                        Comment


                        • #13
                          I doubt it. Main reason is because you left it out totally. Just because its expunged does not mean it never happened. I doubt the application said don't worry about mentioning it. Well anyways hopefully all goes well for you. You never know worst thing they can say is thanks but no thanks, but to be honest I would of mentioned it regardless so it did not look like I was trying to sneak by.

                          Comment


                          • #14
                            Originally posted by Trojan3 View Post

                            Urbancommando;

                            convicted of a felony and then reduced to a misd a couple years after, which then got expunged.

                            So im unsure of what will happen, i know the penal codes say it's not possible but I wonder if the department will make an exception due to my good track record thus far.
                            There is the answer, we can't waive a legal requirement.
                            Today's Quote:

                            "The difference between stupidity and genius is that genius has its limits."
                            Albert Einstein

                            Comment


                            • #15
                              Sorry to hear about that Hopefully you can find something else meaningful that will work out better.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 4805 users online. 268 members and 4537 guests.

                              Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                              Welcome Ad

                              Collapse
                              Working...
                              X