Expert: Chris Wagoner - 4/20/2011

Question
QUESTION: I was arrested at the age of 17 for posession of meth. and battery. No charges were filed on the battery and other diversion program was the dispo on the posession charge. The situation was that I had given someone a ride home from work and he left a small bag with three pills in it. I told my parents about it and the police were called. I was arrested for posession and battery because I was fighting with my brother who was 21 (I was 17)at the time. I have since served in the Army for 3 years and I will be done with my AA degree in December of 2011. My question is, would my juvenile arrest record keep me from being a police officer in Florida even though I was never convicted? Thank you for taking the time to read my question.

ANSWER: Hi Mark,

The answer is no. You are not disqualified, here is the State Rule/law on that:

FSS 943.13 Subsection(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.


Now if you are convicted of a felony, YOU CANNOT BE A POLICE OFFICER!!. No agency is going to hire a convicted felon as a cop (police officer), at least none that I know of will hire one. In fact in most police departments policy guides there is a section that prohibits department members from associating with convicted felons. It would be hard not to associate with yourself, wouldn't it? Also in this part is the requirement about the discharge from the military. It is very clear and simple, it says you cannot have a “dishonorable” discharge. It says nothing about any other kind, including "other than honorable". So if you have something other than a dishonorable you’re not automatically disqualified. But again it goes back to am I a better applicant than the person next to me applying??

OK I am the first to say I do not know everything. And I have since writing the above information found out I am not completely correct. There is one exception to the convicted felon disqualifier. Here is what I found out:

Expungement and a pardon have different ramifications.  An expungement does not “forgive” the crime and remove the statutory bar in 943.13(4), FS.  The person would still have a conviction or nolo plea and thus would not be eligible to be sworn.  Chapter 943.0585(4), FS mandates that the person must acknowledge the arrest if the person is a candidate for criminal justice employment.

A full pardon from the Governor, will remove the statutory bar in Chapter 943.13(4), FS leaving it up to the employing agency to determine the person’s moral character pursuant to Chapter 943.13(7), FS.  It must be a full pardon though.  The Governor issues other types of pardons that restore a person’s rights to vote, carry a weapon, etc, but do not “forgive” the offense.  Only a full pardon will do that.

So with the above, if a person gets a FULL Pardon from the Governor, they can then be a police officer if an agency is willing to hire them as such. You learn something new everyday!

Hope that helps.

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

QUESTION: Thank you for answering my first question. However, I am having trouble figuring out if having a disposition of "other diversion program" when I was 17 years old, means that I am convicted? I have asked several people and I have received different answers. Thank you again.

Answer
Hi Again Mark,

The easiest way to tell this is to request a copy of your own criminal history from Florida. Once you get it you will see if it labels it as a conviction, charges dropped, or what the status is. You can do that by going to FDLE's website and ordering it. That way you will see what other who check will see also.

"Other Diversion program" sounds like pre-trial intervention which would mean no you were not convicted, charges were dropped. But only way to be sure is to get a copy and check.