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Arrested, not convicted. Do I have a chance of employment?

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  • Arrested, not convicted. Do I have a chance of employment?

    Getting ready to leave the Military after 20 years. I would like to return to my hometown and continue to serve as a police officer there. But I had an incident in 2004; Two domestic charges after an incident with bipolar ex-wife. She was the aggressor but I was charged, 3rd degree harassment and 3rd degree assault. I was not convicted and they qualify for expungement. I know odds are against me. I'm looking for any feedback from recruiters, hiring panel members, and individuals with first-hand experience with this. (I am a Military Policeman and have maintained a secret security clearance the whole time)

  • #2
    The fact that you weren't convicted is meaningless. It's your conduct during the incident that counts.

    Years back I did a background on a rapist. The arresting agency screwed up handling of the physical evidence and all the blood, semen and clothing were excluded at trail making a she said/he said case and the jury acquitted. He may have been found not guilty as a matter of law, but he was still a rapist as a matter of fact and he was disqualified on his background.

    Your case will depend heavily on the facts of the matter as determined by the background investigator.

    Going too far is half the pleasure of not getting anywhere

    Comment


    • #3
      Originally posted by Ernwill2 View Post
      Getting ready to leave the Military after 20 years. I would like to return to my hometown and continue to serve as a police officer there. But I had an incident in 2004; Two domestic charges after an incident with bipolar ex-wife. She was the aggressor but I was charged, 3rd degree harassment and 3rd degree assault. I was not convicted and they qualify for expungement. I know odds are against me. I'm looking for any feedback from recruiters, hiring panel members, and individuals with first-hand experience with this. (I am a Military Policeman and have maintained a secret security clearance the whole time)
      A conviction of domestic abuse is an automatic disqualification EVERYWHERE......................BUT............... .



      1st of all a secret , top secret, or top secret super squirrel clearance and $1.25 will buy you coffee at the agency commissary. They mean absolutely nothing during the hiring process

      In general ................a conviction is not necessary for the incident to be used "against" an applicant. The Background Investigator will gather all the information about the incident............and send it to an administrator who will most likely get with the Chief, Sheriff, or whatever they call your CEO and a decision will be made if YOUR INCIDENT qualifies for a disqualification or not.

      They should look at the entire envelope of the incident and make a decision based on everything involved

      MOST agency heads are not interested in taking chances on people with Domestic abuse history's of any kind. -------------No one wants to hire the next Drew Peterson & there are just too many applicants around that don't carry that potential.

      Should ANYTHING happen in your career (and it will) that brings your background into question......................the boss that hired you will be vilified.

      You have a big hurdle to overcome
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

      Comment


      • #4
        Unlikely. As the other officers said, the lack of a conviction is meaningless.

        Comment


        • #5
          Explain the situation, let the chips fall where they may. The fact that the military didn't kick you out is good. You have an uphill battle but explain your side and go w/ it. Good luck to you. (wish I'd stayed in for 20)
          Judge me by the enemies I have made----Unknown

          Comment


          • reils49
            reils49 commented
            Editing a comment
            6 years was plenty for me.

        • #6
          There is a whole lot more that needs to be known in this case. It is possible that you might get through, but that is going to take a lot of effort on the part of the agency doing your background. Like was mentioned earlier there is just too much at risk for the agency.
          In God We Trust
          Everyone else we run local and NCIC

          Comment


          • #7
            Unfortunately, I can honestly say we are sometimes required to make some absolute BS domestic violence arrests. So it really depends on the circumstances and evidence in your case.
            I understand the rationale in terms of mandatory arrests in domestic violence, but it's a double edged sword forcing officers to make arrests where they wouldn't usually. For instance, what if I'm on the witness stand in a domestic violence case, and the defense attorney asks me if I've ever been forced by law or policy to make a domestic violence arrest that I didn't agree with? I'm not going to lie. What if he asks how many times that's happened? Just once or twice? A dozen times? How is a jury going to view a domestic violence case when a police officer admits under oath that he has made or been a part of at least a dozen domestic violence arrests that he did not feel comfortable with?
            Domestic violence is the ONLY type of case that I have ever made an arrest on (without warrant) where I did not affirmatively believe the person to be guilty of that crime based on the evidence I had at the time.
            And how many times do we run across those couples who have learned "the game." Last time they arrested me when she said I slapped her or pulled her hair. This time I'll be the first one to call the police and say "she hit me" and they'll have to arrest her. I had one couple for awhile where we would pretty consistently alternate who we took jail. And not a single time were there any independent witnesses or any visible injuries to corroborate any of the allegations.

            Comment


            • #8
              I have never made a "BS" DV arrest. Not in over 30 years.
              Now go home and get your shine box!

              Comment


              • #9
                Originally posted by allen_gamble View Post
                Unfortunately, I can honestly say we are sometimes required to make some absolute BS domestic violence arrests. So it really depends on the circumstances and evidence in your case.
                I understand the rationale in terms of mandatory arrests in domestic violence, but it's a double edged sword forcing officers to make arrests where they wouldn't usually. For instance, what if I'm on the witness stand in a domestic violence case, and the defense attorney asks me if I've ever been forced by law or policy to make a domestic violence arrest that I didn't agree with? I'm not going to lie. What if he asks how many times that's happened? Just once or twice? A dozen times? How is a jury going to view a domestic violence case when a police officer admits under oath that he has made or been a part of at least a dozen domestic violence arrests that he did not feel comfortable with?
                Domestic violence is the ONLY type of case that I have ever made an arrest on (without warrant) where I did not affirmatively believe the person to be guilty of that crime based on the evidence I had at the time.
                And how many times do we run across those couples who have learned "the game." Last time they arrested me when she said I slapped her or pulled her hair. This time I'll be the first one to call the police and say "she hit me" and they'll have to arrest her. I had one couple for awhile where we would pretty consistently alternate who we took jail. And not a single time were there any independent witnesses or any visible injuries to corroborate any of the allegations.
                Your state (or agency?) requires that an arrest be made when there's no visible injury and no way to corroborate one party's version of events?

                In my state, arrest is only mandatory if there are visible injuries. Of course people learn to play THAT game, too. Doesn't take much to scratch yourself or hit yourself in the face. We arrested the same guy twice for domestic violence. Both times the wife had visible injuries. Husband swore up and down he didn't touch her, but we had no choice but to arrest him. The third time there, the wife had a black eye. We figured mandatory arrest...except this time the husband had set up hidden cameras in the house...and caught the wife hitting herself in the face with a beer can. It later turned out that she had been screwing a lawyer...who apparently told her how to get rid of her husband and get sole custody of the kids.

                Comment


                • #10
                  Originally posted by not.in.MY.town View Post

                  Your state (or agency?) requires that an arrest be made when there's no visible injury and no way to corroborate one party's version of events?

                  In my state, arrest is only mandatory if there are visible injuries. Of course people learn to play THAT game, too. Doesn't take much to scratch yourself or hit yourself in the face. We arrested the same guy twice for domestic violence. Both times the wife had visible injuries. Husband swore up and down he didn't touch her, but we had no choice but to arrest him. The third time there, the wife had a black eye. We figured mandatory arrest...except this time the husband had set up hidden cameras in the house...and caught the wife hitting herself in the face with a beer can. It later turned out that she had been screwing a lawyer...who apparently told her how to get rid of her husband and get sole custody of the kids.
                  State law says "may arrest." Department policy says "shall arrest." Unless we have facts or witnesses to show that the assault did not happen, we are required to arrest solely based on "complaint of pain." So obviously if someone says their husband hit them in the face with a baseball bat and there is no visible injury, we can articulate that it's not reasonable. But if you simply allege that your wife slapped you in the face and it hurt, she's going to jail that night. No matter if there is any visible injury or anything else to corroborate it.

                  Comment


                  • #11
                    Most departments avoid candidates with domestic violence in their background like the plague. Like other posters have said, not being convicted means nothing. If spouse drops the charges, then there is no conviction, but still doesn’t mean the charges against you didn’t happen. The assault 3 charge raises a huge red flag. Assault 3 is causing minor physical injury without weapon. Like another poster stated in his experience of the injury being self inflicted. Was your spouses injury caused in your self defense, was there intent, or self inflicted? If your wife is chasing you around the house with a frying pan and you twisted her arm to remove the frying pan causing minor injury to her wrist or she slipped and smacked her head on the coffee table, you are not the aggressor, she is, but the police are going to go with her version of events and allow the courts to figure it out. Because she sustained the injury, police are in a must arrest situation even if her version of events differ from yours. So the big question is, was her injury sustained do to intent to cause injury and she dropped the charges or was she was the aggressor and you acted in self defense and that is why the charges were dropped or you not being convicted?

                    Comment


                    • #12
                      Originally posted by allen_gamble View Post

                      State law says "may arrest." Department policy says "shall arrest." Unless we have facts or witnesses to show that the assault did not happen, we are required to arrest solely based on "complaint of pain." So obviously if someone says their husband hit them in the face with a baseball bat and there is no visible injury, we can articulate that it's not reasonable. But if you simply allege that your wife slapped you in the face and it hurt, she's going to jail that night. No matter if there is any visible injury or anything else to corroborate it.
                      Our state law says "shall arrest" if the primary aggressor can be determined.
                      I'm 10-8 like a shark in a sea of crime..

                      Comment


                      • #13
                        How can an agency mandate an arrest if state law doesn't? It either meets legal criteria or doesn't.
                        Now go home and get your shine box!

                        Comment


                        • #14
                          Originally posted by Jack Wagger

                          My deparmental policy states that if probable cause exists for a DUI you SHALL arrest even though state law doesn't mandate it. So yes it is possible to have a policy that's more stringent than state law. Departments don't change the crtieria they just take away any discretion you're afforded under law. As someone stated earlier some states have taken away an officers discrection i DV cases. Obviously there will be many judgement calls when deciding whether or not to arrest someone. It's essentially a misdamenaor charge that did not occur in your presense and you've gotta take all the evidence at face value and let the courts sort it out.
                          Remember this post?

                          Ok let me resort to my native tongue. Why you lying bruh?
                          On December 25th, you said:

                          So they told me I could reapply again in 6 months. So I guess I wasn't perm DQ'd? Or are they just being nice and going to throw my app in circular file if I happen to reapply in 6 months?
                          Here it is.... not even four weeks later, and now you're talking about "My departmental policy"?

                          Why you lyin, bruh? You been a cop for awhile, isnt that what you said? Why you keep on lyin, bruh?

                          Remember making this pile of jellyfish turds?

                          12-22-2017, 03:09 AM
                          So i'm going to make this short. I am an African American that grew up in one of the roughest neighborhoods in the country. Most of my childhood friends are either dead or in jail. I used organized sports as solace. My father was never in my life but fortunately my SRO was a de facto father figure. He was the reason I dreamed of becoming a police officer once I became of age. I luckily got out of my neighborhood unscathed and enrolled in a four year university. I graduated with honors and I recently filled out my first application. While filling out my application I became immensely paranoid about leaving multiple jobs in a matter of few months during my teen years. I felt I needed to be perfect in order for me to be a qualified candidate. I noticed there weren't many African American police officers, it made me think I had to be perfect in order to get hired. I took the advice of a current officer and I elected not to report those jobs on my PHS. My conscious wouldn't allow me to sleep at night because I know I had committed a fatal sin in policing. I eventually mustered up the courage and contacted my BI and told him about the omission. I subsequently was DQ'd and I don't think i'll ever be a police officer. I have no criminal record nor do I have any traffic infractions. I am fluent in Spanish and as mentioned before have a Degree in Business Management. I dread the thought of ever filling out another LE application. I compromised my integrity even before I began my career. For this reason I have decided to quit.
                          Why you STILL lyin, bruh?
                          You can trust just about every officer you work with to risk their life to save yours, but don't ever leave your lunch in the breakroom refrigerator.

                          Comment


                          • #15
                            Originally posted by Jack Wagger

                            you'd make a terrible detective. You were all apart an experiment for my Uni Psych class on Implicit biases in police hiring. It is clear from my most recent posts that I have several years on the job. However there's no way to prove that, nor have you proven your self. So just let it be. So quit bugging brah
                            I Quit


                            12-22-2017, 03:09 AM
                            So i'm going to make this short. I am an African American that grew up in one of the roughest neighborhoods in the country. Most of my childhood friends are either dead or in jail. I used organized sports as solace. My father was never in my life but fortunately my SRO was a de facto father figure. He was the reason I dreamed of becoming a police officer once I became of age. I luckily got out of my neighborhood unscathed and enrolled in a four year university. I graduated with honors and I recently filled out my first application. While filling out my application I became immensely paranoid about leaving multiple jobs in a matter of few months during my teen years. I felt I needed to be perfect in order for me to be a qualified candidate. I noticed there weren't many African American police officers, it made me think I had to be perfect in order to get hired. I took the advice of a current officer and I elected not to report those jobs on my PHS. My conscious wouldn't allow me to sleep at night because I know I had committed a fatal sin in policing. I eventually mustered up the courage and contacted my BI and told him about the omission. I subsequently was DQ'd and I don't think i'll ever be a police officer. I have no criminal record nor do I have any traffic infractions. I am fluent in Spanish and as mentioned before have a Degree in Business Management. I dread the thought of ever filling out another LE application. I compromised my integrity even before I began my career. For this reason I have decided to quit.
                            You're full of ***t. You've already proven yourself to be dishonest and untrustworthy. Psych class experiment, my ***.

                            "It's clear from your most recent posts that you've got several years on the job"? You're deluding yourself.

                            You're steady lying your butt off, bruh.
                            You can trust just about every officer you work with to risk their life to save yours, but don't ever leave your lunch in the breakroom refrigerator.

                            Comment

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