Misdemeanor And Law Enforcement: Can You Serve?

Law enforcement agencies operate independently and set their own hiring requirements. While felonies are a disqualifying factor across the board, some people with misdemeanours in their past have been able to pursue careers in law enforcement. The type of misdemeanour, the nature and number of offences, and the specific requirements of the department in question all play a role in determining eligibility.

Law enforcement agencies' independence in hiring

Law enforcement agencies have the independence to set their own hiring requirements. However, there are some standard criteria that must be met by applicants. For example, applicants must be citizens of the United States, at least 20 years of age, high school graduates, and of good moral character. They must also have completed basic law enforcement training and passed the relevant state exam.

Agencies have the autonomy to decide whether to hire individuals with criminal backgrounds, including misdemeanors. While felonies are generally disqualifying, some departments may consider applicants with misdemeanors on a case-by-case basis. For example, the police department in Minneapolis rejects applications from anyone with a gross misdemeanor or felony, as well as certain other types of violations. In contrast, the Metropolitan Police Department in Washington, DC, will consider applicants with misdemeanors but rejects those with convictions involving sexual crimes, DUI, or other specific offences.

In recent years, law enforcement agencies have faced challenges in recruitment due to a record number of resignations and retirements, possibly due to the negative perception of law enforcement following the highly publicized incidents of 2020. As a result, some agencies have reduced their hiring standards, eliminating or minimizing college educational requirements, revising tattoo policies, and becoming more lenient with prior drug use and minor arrest records.

To address these issues, agencies are encouraged to develop long-term recruiting pipelines that create positive interactions with the community's youths, such as through the Law Enforcement Exploring and Public Safety Cadets programs. These programs provide hands-on training, career preparation, and volunteer opportunities for children and teenagers, fostering positive relationships between law enforcement and the community while also creating a pool of potential future applicants who are already familiar with the culture and values of law enforcement.

Types of misdemeanors that are disqualifying

While some police departments may be willing to hire individuals with misdemeanour convictions, applicants should prepare for a challenging process. Departments typically have a list of disqualifying misdemeanours, and certain convictions, such as those involving violence, fraud, and sexual abuse, are permanent bars to being hired as a police officer.

In the US, a misdemeanour is a crime punishable by a year or less in jail. Some types of theft, disorderly conduct, and certain types of fraud, such as bouncing a check, may be considered misdemeanours. However, these types of misdemeanours do not automatically disqualify someone from a career in law enforcement.

In Minneapolis, Minnesota, the police department rejects applications from anyone with a gross misdemeanour on their record. The department also rejects applicants with crimes related to controlled substances, 5th-degree assault, computer crimes, and numerous other types of violations. In Washington, DC, the Metropolitan Police Department rejects applications from anyone with misdemeanour convictions that involve sexual crimes, DUI, perjury, firearms, bias crimes, and other conditions.

Other disqualifying misdemeanours may include the sale of marijuana, drugs, or narcotics; the use of non-prescription steroids within the last 12 months; and the use of controlled substances, no matter how long ago it occurred.

Juvenile misdemeanors

In most states, a person is considered a minor until they reach the age of majority, typically around 18 years old. However, the age of juvenile jurisdiction can vary, with some states, like Texas, allowing juveniles as young as 10 years old to be charged in juvenile court. It's important to note that in some cases, juveniles can be tried in adult court, especially for more serious offenses or if they have prior criminal records.

The impact of a juvenile misdemeanor on future career prospects, including law enforcement, can vary. While a juvenile record may not automatically disqualify an individual from pursuing a career in law enforcement, it can certainly present challenges. Some law enforcement agencies may have specific restrictions or requirements regarding criminal backgrounds, and it's essential to be transparent during the application process.

To navigate the complex legal landscape and improve their chances of a fair hearing, individuals with juvenile misdemeanors should consider consulting experienced juvenile lawyers. These legal professionals can guide juveniles and their parents through the legal system, protecting their rights and helping them understand the potential punishments and alternatives, such as diversionary programs or waivers.

While a juvenile misdemeanor may create obstacles, it does not necessarily preclude a career in law enforcement. With the right legal guidance, support, and a demonstration of rehabilitation, individuals can work towards pursuing their career aspirations in this field.

Getting misdemeanors expunged

In the United States, about 45 million Americans, or 14% of the population, have been convicted of a misdemeanor. A misdemeanor is a crime punishable by a year or less in jail. Some types of theft, disorderly conduct, and some types of fraud, such as bouncing a check, may be considered misdemeanors.

While some law enforcement agencies may hire applicants with misdemeanors on their records, others may disqualify applicants with certain types of misdemeanors. For example, the police department in Minneapolis rejects applications from anyone with a gross misdemeanor on their record, as well as those with crimes related to controlled substances, 5th-degree assault, computer crimes, and numerous other types of violations.

If you are interested in pursuing a law enforcement career but have a misdemeanor on your record, you may want to consider getting it expunged. Expungement of a criminal record means that the conviction is completely erased and cannot be resurrected. The law treats an expunged record as if the conviction never happened. In a state that allows a record to be expunged, a person with an expunged record can say they have never been convicted of a crime. An expunged record should not be available to anyone, including law enforcement authorities. Only a judge can order that a criminal record be expunged.

It is important to note that not all states allow for the expungement of criminal records. For example, New York does not have statutes allowing for the expungement of crimes, except for certain marijuana-related convictions. However, New York allows individuals to apply to have their criminal convictions sealed. Sealing a criminal record means that the record is hidden from the public and cannot be made available for the purposes of employment, housing, education, and other important purposes. The conviction still exists but will not be reported as part of a background check. To get a conviction sealed in New York, you must submit an application to the judge or court where you were convicted, including a Certificate of Disposition and a notarized statement of the reasons for sealing your conviction, along with other supporting documentation or evidence.

How to present yourself when applying

While requirements may vary across different states and departments, generally, a felony conviction will disqualify you from becoming a law enforcement officer. However, some departments may consider applicants with misdemeanors on their records. The specific type of misdemeanor will be a factor, with certain misdemeanors, such as those involving sexual crimes, violence, DUI, perjury, firearms, or bias crimes, likely to be permanent bars to employment.

If you are applying for a law enforcement position with a misdemeanor on your record, it is important to present yourself in a professional manner. Here are some tips on how to do this:

• Understand the weight of the role: As a law enforcement officer, you will be judged from the moment you arrive at a scene. You will be representing something bigger than yourself—you will be representing your city, your department, and the law enforcement profession as a whole. This means that your image, sense of professionalism, and maturity will be scrutinized from the very beginning of the hiring process.
• Dress appropriately: When taking an entrance exam or attending an interview, ensure you are dressed professionally. Avoid casual clothing like tank tops, shorts, and flip-flops.
• Research the role and the department: Recruiters will want to see that you have researched the job and that you know something about the city or jurisdiction you are applying for. This demonstrates your level of interest and commitment to the role.
• Know your strengths: Be prepared to communicate your core strengths and characteristics, and how they align with the job you are applying for. For example, if customer service is one of your strengths, you can draw on your experience in the restaurant industry to showcase this.
• Provide a brief history of your resume: Give a concise overview of your work experience, education, and other relevant information. This will help the panel understand who you are and why you are a strong candidate.
• Seek legal advice: If you have a disqualifying crime on your record, consider consulting an attorney. They may be able to assist in getting violations expunged or obtaining a pardon. Additionally, they can help present your case to a law enforcement board, especially if there were extenuating circumstances surrounding your arrest.

Frequently asked questions