Expert: William Payne - 8/9/2009

Question
QUESTION: Hello Mr. Payne,

I am currently in the process of applying for a position as a Border Patrol Agent. About three months ago, I was walking home from the local pub and was detained while walking home. The officer stated that because I was intoxicated, I possed a risk to myself because I could potentially walk out infront of oncoming traffic and therefore, he would have to detain me. At the county jail, it was discovered that I was not intoxicated at all. No formal charges were ever filed and the case was dropped by the DA.

Will this arrest record affect my eligibility for employment? I fear that it will impact me negatively as I have these previous charges, as well:

- Arrested and convicted for under the influence of alcohol on or around 12/2005.
- Arrested for driving with suspended license, amended to drivers license not in possession on or around 1/2004
- Cited and convicted for driving on a suspended license on or around 6/2003.
- Cited (no court procceedings) for minor with detectable amount of alcohol in system, 0.04% BAC, on or around 2/2003.
- Cited and convicted for driving on suspended license on or around 5/2001.


I noticed that in your expertise, you listed police recruiting and hiring and so I figured that you would be the most qualified to ask. I have a deep desire to serve my country, but in your honest opinion and experiences, what are my chances of success and am I simply wasting my time due to my background and this new arrest record?

Thank you for your help.

ANSWER: Steve,

Thanks for the question.

If your fingerprints were taken and submitted for an arrest, your arrest will be on your record, even without being convicted. The record will just show the arrest but no disposition, or it could show a dismissed. It really depends on what the arresting agency processed for your arrest.


Good luck and best wishes!

---------- FOLLOW-UP ----------

QUESTION: Thanks for the information.

Im almost positive that I will be passed up this time around, but given the nature of the offenses as well as all other variables that the BI will take into account, how much time do you think I will need to put between me and this last offense before I might actually have a reasonable chance of getting hired?

Answer
Steve,

Thanks for the follow-up.


To be perfectly honest with you, some law enforcement agencies may never consider you for hire and others may see your convictions as youthful transgressions. It really depends on the agency.

In some states there is a minimum waiting period of ten years for some convictions. I would check with the state you live in and see what the time frame is to make you qualified to apply.

Again, good luck and best wishes!