Expert: Chris Wagoner - 11/21/2011

Question
I received an other than honorable discharge from the Marine Corps for drug abuse in 2008 after 3 years and 8 months of honorable service. This discharge is the result of a lack of maturity and poor judgement as I was very young at the time and was unprepared for properly dealing with some of the issues I faced upon returning from my deployment. This discharge was not only a huge, permanent tarnish on my otherwise entirely respectable record, but also a major hurdle in pursuing a career in law enforcement which had  been my plan upon leaving the military. My question is, given this brief history, and my willingness to explain my actions and experience and how i have learned from it to any authority in charge of hiring new officers, can I still be a candidate for law enforcement? I live in the Florida panhandle and that is where I would apply.

Answer
Good Morning Justin,

Florida State Statute is very clear on this issue

943.13 subsection 4 says:

4) Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, or have received a dishonorable discharge from any 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 any felony or of a misdemeanor involving perjury or a false statement is not 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.

Notice is says Dishonorable, not OTH. You are not automatically disqualified for having a OTH, but I will be honest and tell you that you are going to have a difficult time getting hired. The reason being its a OTH because of Drug use. Depending on what the drug use was, and the length of time between your last use and the time you apply can make a very big difference.

If the use was a one time marijuana use or something like that, you will be much better off than if you were discharged for say, cocaine use. Agencies, because of economic times have many people applying, and a lot of veterans who are coming home and getting out of the service with Honorable discharges. So you have to be able to convince someone that you are worth hiring even with your past. If you are willing to go that extra distance to convince someone and have other things to offer (degree, specialty that fits LE somehow (EOD)) then I would say you best bet is with a smaller department where you get to explain yourself more than with big agencies that simply would see your application and put it up against others and maybe pull yours out at that point simply based on your discharge.

So I guess what I am saying is its not impossible for you, but you will have a tough time, but might be able to do it. I would recommend if you've not already done so, get at least a 2 year degree if not a 4 year, using your GI-bill and then try and apply. That way time will have passed between your discharge and drug use (and keep your credit and driving history clean) and you will stand a better chance of being hired. Time does help. The longer between your drug use and the time you apply the better. And that would also show you used your time wisely and made good choices after getting out.

Hope this all helps you understand a bit better. Be well and stay safe!!

And thank you for your service...