Expert: Jack Toomey - 9/3/2010

Question
QUESTION: Hi there. I was a police officer in south Florida in 2008 and was charged and
found guilty of a felony (official misconduct) due to an incident that occurred
while on duty. However, the judge witheld ajudication. FDLE has already
revoked my certification, I am currently appealing this decision, as well as in
the process of sealing my record. I have just started doing some research
wondering if it would at all be possible for another agency to hire me in
another state. I already know all departments have different qualifications and
maybe one small department out there would consider me, but I just don't
know where to start. I was 21 when this happened, and I am 24 now. This
was an unjust situation and my career went down the drain because of it. IT is
still a dream of mine and it bothers me everyday that this happened to me.
Any advice would help. Thanks

ANSWER: Miranda,

I don't see how you could possibly work in law enforcement again.  Every time that you would apply to a police department you would be asked if you had ever worked for, fired from, or dismissed from another police department.  They are also going to ask you if you have ever been charged with a crime, misdemeanor or felony.  Obviously the answer would have to be "yes" whether the record is sealed or not.  If you don't tell the truth the polygraph will get you.

To top it off a convicted felon cannot take an oath in court without the jury being told about the past felony because its one of the civil rights that they lose.

There is no way to be absolutely certain that you would not be hired but would think that the chances are slim.

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

QUESTION: THank you for your rapid response. Everything you are telling me I am fully
aware of. I am not sealing my record because I want to become a cop, that is
for other employment opportunities. I would never falsify my application and
would admit to what happened and hopefully they would allow me the chance
to explain what happened. I was just curious if any department would
consider a former police officer, even if they were found guilty. The charges
were not aggravated, and I am hoping to win this appeal.

Answer
I'm sorry if I offended you by saying what I did.  I said what I did because there was no way for me to know if you were aware of all that.

It could be that a small town department somewhere would hire you.

I am curious how a 21 year old could get into all of that trouble.  Its a personal question but if you choose to tell me you could start over by asking a new question and marking it Private and no one else would see it.

I was the FOP steward for my department for twelve years and often defended officers at trial boards and before OIA.