My son applied with CDCR in May of 2011 while on probation. He completed probation on August 2011. In October of 2011 he took the written exam and passed with a 90%. Passed the Physical and drug testing portion. He also has had his record expunged as of August 2011. He was disqualified because he applied while on probation. Is that a State law or SPB rule. We did not find it anywhere during the application process.
Very likely there is no statutory bar to the application, but the actuality of the situation is that an applicant on probation will not be selected. There are plenty of rules and standards that allow that result re the background examination, notwithstanding the written exam score.
Getting hired is a different issue than being disqualified from consideration. In all likelihood, your son can reapply and perhaps he can survive the background check and not be disqualified (depending on the facts and circumstances underlying the criminal case). But your son is facing a steep challenge to get hired for this employment. Although you have not identified the nature of his criminal conviction, the fact is that he will be competing against hundreds (at least) of other applicants who do not have any criminal record. The 90% score is credible, but not unusual or strikingly exceptional. The "expungement" has no legal effect when it comes to State employment or employment as a peace officer. The employing agency always has a number of qualified applicants to choose from and the employment exam process allows the employing agency to select among numbers of candidates with identical or similar scores ("banding").
There are a handful of persons with criminal history who get hired in California police agencies every year, but they are very much the exception and there is almost always a specific "backstory" that explains the departure from regular practice.
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You may be able to apply but, getting the job may be tougher.
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