Expert: Eric Potts - 2/3/2009

Question
Hi, I currently live in kyle Texas. I have been wanting to be a police officer for about 10+yrs now, but when I was a kid (18 yrs ago) I am 36 now, I took the rap for my older brother when he stole a car radio in 1990 because he told me since I was a juvenile I would just get a slap on the wrist and he would go to prison. Me being young and stupid, not wanting my big brother to go to prison, I told the police that it was me that did it. I had just turned 17, 3 weeks before this happened. I ended getting charged as an adult.the charge was felony theft of the 3rd degree. I ended up getting a Lawyer that told me if I get convicted of this charge that I would do up to ten yrs in prison, but if I take this thing called deffered Adjudication, that it will be as if the whole thing never happened now keep in mind I am only barely 17 yrs old at this time and have never been in any kind of trouble. she told me if I do the defferd probation sucsessfully that my record would be expunged, that ended up being a huge lie that has ruined my life thus far. When I started growing up, I decided I wanted to be a cop and found out the hard way that since I took Deferred Adjudication, my dreams were crushed. I have done everything I can in the state of Texas to get my record cleared (even wrote the govenor for a pardon, but his office wrote me back and said I have to call the office of pardons and parole. I did just that and they told me that since I was not ever convicted of the charge (deferred adjudication) and didn't serve jail time or prison, then I would never get a pardon from the Govenor according to texas state law a defferd adjudication is not a conviction and should have no affect on getting jobs that requier licensing. this has not been true thus far . I have kept my nose clean for over 18 yrs and that is the only thing that I ever got in trouble for. my friends are all cops. I have gone with them when we did police officers benefitting special olympics and even go on ride alongs with my best friend, he works for APD. I even put my own life at risk to assist in the capture of a dangerous wanted suspect that had already assualted and immobilized the police officer I was on a ride along with. I always have people asking me if I am a cop and I tell them no, but I would like to be. They all tell me I have a cops demeanor and attitude. The closest I was ever able to get has been a commissioned armed security patrol supervisor, where my duties included responding to burglar alarms, patroling assigned locations and private subdivisions, as well as responding to numerous other types of calls. I got certified in all types of police techniques and tactics, as well as CPR first aid training. I did this for about five years, but had to quit doing this type of work because the money from security doesn't pay well. I have now for the last 10 yrs been working as a heavy equipment haul truck driver. I would move anywhere in the US that would ever give me the opportunity to become a police officer. I have read several states requirements and alot of them state as long as you have never been convicted of a felony, that it is still possible. I don't have a conviction on my record, just the deferred.i am now working on getting an order of non discloure,  im not sure if this will help in any way. it is also very expensive.i did the probation and recived my dismissle pappers that state no conviction.all of this took place in the early 90s and my record has been perfect every since. If you can give a little help or info in any way that would be a blessing. Thank you for taking the time to read this.

Jeremy  

Answer
Jeremy,

I'm not sure what advise I can give you. It sounds from your letter that you are doing everything possible to straighten your issue out. Maybe speak with another lawyer who might be able to help you sort the issue out faster but beyond that there isn't any advice I can give you.

When Police Departments have several candidates for hire and they are equal in every way except one has an issue from 18 years ago, well that strike is often enough to prevent the hire and the Department will hire one of the other individuals. Is it fair? Perhaps not but it is reality.

I would suggest exploring options in neighboring States to see if getting hired is a possibility in those states.

I wish you much luck and success.