Expert: Chris Wagoner - 1/2/2008

Question
Hello and good day,  I have recently applied with a local sheriff department and I am currently going to start my background investigation.  I have never gone through a background before and I do know that when I was approximately 18 I had some bad credit issues.  I am now 28 with a wife and child as well as a job in Loss Prevention.  I have never had any criminal charges or used any drugs.  I have only recieved one speeding ticket in my past.  My question is to find out what can cause you to fail a background?  Any advice you can give would be greatly appreciated.  Thank you for your time and assistance.

Answer
Hi John,

With what you just described in your question you have nothing to fear. In fact your background should be quick and easy. Bad credit when you were 18 will not be a problem.

There are many things that can cause you to fail a background investigation, some of which you mention above. Drug use (more than experimental and recent use are two). An arrest of one of several things, really really bad and habitual credit problems, a bad driving history are a few.

Here are the state of Florida requirements and things that can get you disqualified:
• You must be at least 19 years of age
• You must be a citizen of the United States
• You must be a high school graduate or equivalent
• You must not have been convicted of any felony, or misdemeanor involving perjury or false statement, nor have received a dishonorable or undesirable discharge from any branch of the Armed Forces of the United States. Any person who, after July 1, 1981, pleads guilty or nolo contendere to, or is found guilty of a felony or of a misdemeanor involving perjury or false statement shall not be eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication. Notwithstanding this subsection, any person who has pled nolo contendere to a misdemeanor involving a false statement, prior to December 1, 1985 and has had such record sealed or expunged shall not be deemed ineligible for employment or appointment as an officer
• You must agree to be fingerprinted by the employing agency or training academy
• You must pass a physical examination by a licensed physician that will be administered upon a conditional offer of employment
• You must be of good moral character
• You must successfully complete a background investigation
• You must complete basic recruit training
• You must complete an Affidavit of Applicant form (CJSTC-68)
• You must comply with continuing training or education requirements as deemed by the employing agency

In Addition, in accordance with federal law U.S.C. 922(g), it is unlawful for any person:
• who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• who is a fugitive from justice;
• who is an unlawful user of, or addicted to, any controlled substance [as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802)];
• who has been adjudicated as a mental defective or who has been committed to a mental institution;
• who, being an alien, is illegally or unlawfully in the United States;
• who has been discharged from the Armed Forces under dishonorable conditions;
• who, having been a citizen of the United States, has renounced his or her citizenship;
• who is subject to a court order that
o was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;  
o restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;  
o and includes a finding that such person represents a credible threat to the physical safety or such intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
o who has been convicted in any court of a misdemeanor crime of domestic violence;
• to ship or transport in interstate or foreign commerce, or possess in or affected commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. There is no exception.


I hope this helps explain it a bit.