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Can you be a felon when you have never even been arrested?

Asked over 3 years ago - Bedford, TX

I recently applied for a civilian job with a local police department. During the background check I admitted to the one time use of magic mushrooms when I was a teenager over 36 years ago. This caused my application to be automatically disqualified. When I questioned the Chief about it I was told that since I used mushrooms in Mississippi 36 years ago and since the possession of mushrooms is a felony in Texas today I therefore committed a felony and they don't hire felons. My problem is that he has now stated in a public forum that I am a felon. My question is, can he legally call me a felon when I have never been arrested much less convicted of anything and especially not a felony.

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Attorney answers (2)

Adam Todd Dougherty

Reputation Level 8

Answered over 3 years ago. Criminal Defense Attorney in Fort Lauderdale, FL.

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No, you are not a felon. The problem here is that when the ask you the questions on your job questionaire there are certain questions, i.e. drug use questions, that automatically disqualify candidates. The Chief has discretion over who to hire and not. Because the possession of mushrooms in Texas is a felony today he uses that as his reasoning to disqualify you. Was the possession of mushrooms 36 years ago a felony in Texas?

It seems like he overstepped when he called you a "felon" because you are clearly not a felon as you have never been convicted of a felony. Depending on the nature of the public forum it's possible you may have a case of defamation against the Chief, although these are extremely difficult cases to prevail on.

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Ruben Gonzalez Jr.

Reputation Level 8

Answered over 3 years ago.

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I agree with Mr. Dougherty, you are not a convicted felon. Potentially a greater concern is your future ability to be employed in law enforcement field. Under the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) regulations employment records, including applications, are kept by the law enforcement agencies. During the application process, most agencies will have a disclosure agreement or agreement that the department you applied with will not disclose any confidential information unless you waive your confidentiality. I recommend that you review your application for the information about the process and the Police Chief's limitations to release or discuss your information with unauthorized or non-essential city personnel. The chief may have overstepped his boundaries in discussing your information publicly.

Some additional information would be helpful, what public forum did the disclosure occur in, and what was disclosed? And, what position did you seek?

TCLEOSE

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