Keith Mack
In North Carolina, the Commission may revoke a law enforcement officer's certification for several reasons. These include failure to disclose all charges on the Personal History Statement and Report of Appointment/Application for Certification forms, committing or being convicted of a felony or certain Class A and B misdemeanors, or violating Commission rules. An officer's certification may also be suspended or revoked for failure to complete mandatory training. Additionally, an officer with a criminal record must disclose all charges, regardless of their disposition or date, and provide relevant documentation. The Commission evaluates discretionary matters, such as material misrepresentation of information, through the Probable Cause Committee, which determines whether certification should be deferred.
| Characteristics | Values |
|---|---|
| Failure to list all charges | Denial of certification, suspension or revocation of existing certification |
| Criminal record | Denial of certification, suspension or revocation of existing certification |
| Misdemeanors | Revocation, suspension or denial of certification |
| Falsifying application | Revocation, suspension or denial of certification |
| Felony or crime conviction | Revocation, suspension or denial of certification |
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What You'll Learn
Criminal record or felony
In North Carolina, applicants with a criminal record or felony must list all charges, regardless of their disposition or the date of the charge, on the Personal History Statement (Form F-3) and the Report of Appointment/Application for Certification (Form F-5A). This includes charges that were dismissed by the court or the district attorney, which must be listed under the Criminal Offense Record section of these forms. Each charge must be accompanied by copies of the warrant for arrest, citation/magistrate’s order, and the court disposition/judgment.
Failure to disclose all charges may result in the denial or suspension/revocation of certification. The Commission, an administrative body acting under the provisions of Chapter 150B of the General Statutes, may revoke, suspend, or deny certification if it finds that the applicant has "committed" or been "convicted of" certain misdemeanours, including:
- A Class B misdemeanour which occurred after the date of initial certification or within the five-year period prior to the date of appointment.
- Four or more Class B misdemeanours, regardless of the date of commission or conviction.
- An accumulation of four or more Class A misdemeanours, unless the last conviction or commission occurred more than two years before the date of appointment.
- A combination of four or more Class A and Class B misdemeanours, regardless of the date of commission or conviction.
The Commission shall also revoke or deny the certification of a justice officer if it finds that the applicant has committed or been convicted of a felony or crime punishable by imprisonment of more than two years.
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Misdemeanors
In North Carolina, the Commission may revoke, suspend, or deny the certification of a law enforcement officer if they have committed or been convicted of certain Class A and B misdemeanours. The specific criteria for revocation include:
- A Class B misdemeanour which occurred after the date of initial certification.
- A Class B misdemeanour dated within the five-year period prior to the date of appointment.
- Four or more Class B misdemeanours, regardless of the date of commission or conviction.
- An accumulation of four or more Class A misdemeanours, except when the last conviction or commission occurred more than two years before the date of appointment.
- A combination of four or more Class A or Class B misdemeanours, regardless of the dates.
Class A misdemeanours are defined as any offence for which the term of imprisonment is no more than six months, while Class B misdemeanours are those with a term of imprisonment of more than six months but not exceeding two years. It is important to note that traffic offences, with the exception of impaired driving offences (Levels I, II, III, IV, or V) and certain other violations, are generally not considered Class A or B misdemeanours.
Additionally, any failure to disclose all charges, regardless of their disposition, on the Personal History Statement (Form F-3) and the Report of Appointment/Application for Certification (Form F-5A) may result in the denial or revocation of certification. This includes charges that were dismissed or nol pros by the court, and each charge listed must be accompanied by relevant documentation.
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Falsifying application
The Commission may revoke, suspend, or deny the certification of an applicant or officer if they have committed or been convicted of certain misdemeanors or felonies. This includes Class A and Class B misdemeanors, as well as any felony or crime punishable by more than two years' imprisonment.
In addition, the Commission evaluates discretionary matters, such as whether the applicant committed a criminal offense, whether the conviction warrants suspension or denial, and whether the applicant falsified their application.
If there is a concern that an applicant has falsified their application, the file must be presented to the Probable Cause Committee for review. The Committee has the discretion to determine whether certification should be deferred based on the findings.
It is important to note that all charges, regardless of their disposition or date, must be listed on the application form. This includes any criminal record, even if the charge was dismissed by a court or attorney. Failure to disclose all charges may result in the denial or revocation of certification.
Therefore, it is crucial for applicants to provide accurate and complete information on their applications to avoid any potential issues that may impact their certification status.
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Failure to complete training
In North Carolina, law enforcement officers must complete various training programs to maintain their certification. Failure to complete these training programs can result in the denial or revocation of certification.
Basic Law Enforcement Training (BLET)
Both in-state and out-of-state law enforcement officers in North Carolina must complete the Basic Law Enforcement Training (BLET) course and pass the BLET state exam. Failure to complete this training and pass the exam can result in denial or revocation of certification.
In-Service Firearms Training
Law enforcement officers in North Carolina must complete in-service firearms training with their employing agency. This training is required for both in-state and out-of-state officers and is necessary to maintain their certification. Failure to complete this training can result in suspension or revocation of certification.
Commission-Certified Training
In addition to BLET and firearms training, law enforcement officers in North Carolina may be required to complete additional Commission-certified training programs. These programs are evaluated by the Probable Cause Committee of the Commission, which determines whether the training is necessary for the officer's role. Failure to complete the required Commission-certified training programs can result in suspension or revocation of certification.
Psychological Screening
Law enforcement officers in North Carolina are required to undergo a psychological screening examination to determine their mental and emotional suitability for the position. This screening is typically administered by a licensed clinical psychologist or psychiatrist. Failure to undergo this screening can impact the officer's certification, as it is a mandatory requirement for employment.
Interview and Application Process
The interview and application process is a crucial step in the certification of law enforcement officers in North Carolina. Officers must be interviewed by the Department Head or a representative to assess their appearance, demeanor, attitude, and communication skills. Additionally, officers must disclose any criminal offenses, arrests, charges, or convictions on their application. Failure to disclose all charges or provide complete information can result in denial or revocation of certification.
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Violation of Commission rules
The Commission may revoke, suspend, or deny the certification of an applicant or officer if they are found to have "committed" or been "convicted of" certain misdemeanours. This includes:
Class B Misdemeanours
- A Class B misdemeanour which occurred after the date of initial certification.
- A Class B misdemeanour dated within the 5-year period prior to the date of appointment.
- Four or more Class B misdemeanours, regardless of the date of commission or conviction.
Class A Misdemeanours
An accumulation of four or more Class A misdemeanours. However, the applicant may be certified if the last conviction or commission occurred more than 2 years prior to the date of appointment.
Combination of Class A and B Misdemeanours
A combination of four or more Class A or Class B misdemeanours, regardless of the date of commission or conviction.
The Commission shall also revoke or deny the certification of a justice officer when the Commission finds that the applicant or officer has committed or been convicted of a felony or crime for which the authorized punishment could have been imprisonment for more than two years.
Additionally, failure to list all charges may result in the denial or revocation of certification. This includes all criminal charges, regardless of the date or if they were dismissed. All charges must be listed on both the Personal History Statement (Form F-3) and the Report of Appointment/Application for Certification (Form F-5A).
The Probable Cause Committee of the Commission evaluates discretionary matters, including whether the applicant or officer committed a criminal offence, and whether the conviction warrants suspension or denial of certification. The Committee also determines whether the applicant has made a material misrepresentation of information required for certification. If the Committee finds that the applicant has falsified the application, it has the discretion to determine whether certification should be deferred.
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Frequently asked questions
An officer's certification in North Carolina can be revoked for several reasons, including:
- Failure to list all charges, including minor traffic offenses, DUI, or DWI.
- Committing or being convicted of a felony or a crime punishable by imprisonment for over two years.
- Committing or being convicted of certain Class A and B misdemeanors.
- Falsifying their application.
- Violating Commission rules.
A Class A misdemeanor refers to any offense where the term of imprisonment is no more than 6 months. This excludes traffic offenses, except for Level III, IV, or V impaired driving offenses.
Failure to disclose all charges and provide the necessary documentation may result in the denial or revocation of certification.
Yes, an officer with a revoked certification can apply for reinstatement once the sanction period has passed or if the training deficiency has been addressed.
