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AM I DISQUALIFIED?

Mckinney, TX |

i am wanting to get a job as a police officer and am going there oct 1st for testing. i am afraid i fall into thier disqualifiers list though. i went through my military records jacket to get more info on it it was when i was 17 at my own parents house it did not go to court.
OFFENSE/ ACTION : BURGLARY
OFFENSE RESULT:DISMISSALS WITH PREJUDICE- NO REOPENING OF CASE NO FINE.
i never had probation or anything. now heres thier list of disqualifiers...

The sentence is subsequently probated and the person is discharged from probation or community supervision; *Deferred adjudication is granted;*The accusation, complaint, information, or indictment against the person is dismissed*The person is pardoned for the offense, unless the pardon is granted expressly for subsequent proof of innocence.

on OFFENSE ACTION it says "FELONY CHARGE REFUSED" after BURGLARY

Attorney Answers 4


  1. Best answer

    The disqualifiers you list include for a person 1) who completed probation; 2) received deferred adjudication probation; 3) whose charge was dismissed; 4) who received a pardon (other than for actual innocence). Number 3 reads as though it's related to a deferred adjudication. In your case, charges were refused by the DA (either weak case or there was evidence you were not guilty). Hire an attorney to have the arrest / charge expunged. This will allow you legally deny the existence with the peace of mind that you are being truthful. I attach a link to Dallas PD qualifications which excludes persons with convictions (which you do not have), a link to McKinney PD for disqualifiers including for convictions, and a link to TCLEOSE which does not disqualify even a peson with a pre-trial diversion or deferred adjudication probation if completed successfully. Looks to me like you are not disqualified. Good luck. Protect & Serve.

    My answer is for informational purposes.


  2. It certainly sounds like your dismissal would disqualify you, doesn't it? Which is certainly not fair, considering that anyone can be charged with just about anything--that doesn't mean it happened, though, and it certainly doesn't mean that any jury or judge ever gave you due process and decided that you were guilty. To tell you the truth, it really doesn't surprise me that they won't consider you with a burglary dismissal on your record. It DOES surprise me that they're just coming right out and stating that in writing, though. I suppose that their grounds for doing that are probably that if you really didn't do it, you could and would have gotten it expunged and they wouldn't know about it. The truth is, though, that most people never bother to think about getting a case expunged until they run into problems down the road, like you have. I think your only real option here is going to be to withdraw your application, get your case expunged, and reapply once your record is clear, which usually takes perhaps three months from the date of filing. You're clearly entitled to the expunction, since I think you said in your previous post the arrest was about six years ago, so there's no reason to think the expunction will fall into any of the grey areas that can sometimes require a contested hearing. It should go smoothly, but it's still going to take some time to get everything processed. Again, I'm very familiar with the expunction process, and if you'd like to call or email me, I'll be happy to talk with you about how it all works. Once the case has been expunged, you will be within your legal rights to check "no" when you're asked if you've ever been arrested or had any criminal cases filed against you (assuming this is the only one)., and when they run your background check, as long as you wait until all of the agencies have complied and destroyed your records, there won't be anything left for them to find.


  3. Hard to tell by your posting - looks like maybe the reference to the dismissal is tied to the deferred being granted. If so, that is because in Texas, when a deferred probation is terminated, they often use language that the case is "dismissed", although that is misleading because the case remains on your record.

    I do not understand where this offense was originally charged but you should consult a lawyer there about getting it expunged BEFORE the police with whom you want to apply run a criminal history check. If it is expunged, even they will not be able to find it. If they find it and you later have it expunged and you apply to another agency, they will ask where else you have applied & they may get a copy of your application with the first agency - which will reveal the now expunged record.


  4. Both attorneys' reviews are substantive and correct. I view the list of disqualifiers though as NOT disqualifying you in your situation based on my understanding of your facts. It looks like you were not indicted and the felony charge was REFUSED, therefore a charge was never filed. If that is the case, you SHOULD NOT be DQ'd however there is no way to guarantee that you won't. The other attorneys are correct, you should move to expunge this offense, but unfortunately that will not help you with respect to an Oct 1 review of your record. If you want to delay your testing, that should allow sufficient time to expunge. If you don't want to wait, you can show them the army took you because the arrest was a mistake. You can also show that the arrest was a mistake as indicated by the refusal to file charges and that you have never been accused of another crime in the state of texas so this was clearly a mistake made by the police. You can also use this example to show WHY YOU want to be an officer- to enforce the laws of our state correctly and to not put someone in this same position wrongfully.

    Good luck to you, and feel free to contact me about expungement options if you would like, before or after your review.

    Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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