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Expert: - 6/23/2011


Question
I was charged with a felony in the state of Montana.  I was directed by my lawyer to take a 4 year deferred sentence.  I did my 3 yrs and the court dismissed all my charges early.  Its no longer on my public record.  But its my understandng that criminal justice professions can steal see it even tho its dismissed.  Will that affect me in trying to become a cop in FL??  thanks.

Answer
Good afternoon B,

the state of Florida law on becoming a police officer is very clear. Florida State statute 943.13 covers this and it states "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." I don't think you fall under that disqualification statement.

In addition you would have to be able to explain in the background portion of any law enforcement application what you were arrested for and the outcome of it. In all law enforcement background investigations they ask you if you were ever arrested, convicted, or adjudicated in any manner for any crimes. You course would have to answer yes and then be able to explain what occurred. Without knowing what the felony was for I can't tell you whether or not they would be able to overlook the arrest itself. Being arrested for say felony domestic battery is an automatic disqualification where as being arrested for a felony trespass is completely different. So I would have to say that being arrested for a felony and getting a deferred sentence probably did not help very much. You will have to go on a department by department basis as to whether or not they will accept your deferred sentence.

I would say that you're going to have to show or prove that your felony arrest in Montana does not meet any of the disqualification criteria for the agency to which you are applying.

I hope that helps you may find the following website very helpful: http://sites.google.com/site/flaleohelp/home

Good luck on your endeavor.

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Chris Wagoner

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I have been a police officer for 30+ years! I am the Police Academy Commander at the Santa Fe College, Institute of Public Safety in Gainesville Florida It is a full service Law Enforcement and Corrections training facility. I can answer most questions concerning law enforcement procedures, law enforcement training and general questions about law enforcment. I can also answer questions about becoming a law enfocement officer. I have a booklet and web page I have written that answers many questions about how to become a police officer called "So you want to be a cop (police Officer) in Florida?", which is free, Google it.. All you have to do is ask. I teach the following subjects: RADAR/LASER, Law Enforcement Driving, Law Enforcement Firearms and Patrol Techniques, Officer Safety, WMD's for Patrol Officers, Application of Law, Communications skills, Dealing with the Mentally and physically handicapped, and many more subjects. I have worked as a subject matter expert for the Florida Department of Law Enforcement and helped to write the police curriculum for the State of Florida. I like answering questions about how to become a police officer, and questions about why did an officer do this or that type questions. I also like answering any questions you may have about police work in general. I do not mind helping with homework questions or trying to answer your questions about legal subjects that I have knowledge of. You will never know the answer until you ask! If you do ask a question, PLEASE take the time to at least rate the answer. I do not get paid to answer these questions and do it on my own time. If you ask, please rate it when I answer. Thanks!!! If its a question about becoming a police officer, it may be answered here: http://sites.google.com/site/flaleohelp/ My "hobby" website - http://www.youtube.com/user/3rdID8487 Military Videos on YouTube and Facebook!!

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I am a 30+ year veteran police officer, I am currently the Police Academy Commander of an Academy in North FLorida. I have been training police officers since 1993 and have trained them in all aspects of law enforcement, including firearms, Driving and legal subjects including patrol techniques and others and training all over the world. I have trained over 5000 officers worldwide in the last 16 years of training.

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I am a published author in Accident Investigation from the University of North Florida, Institute of Police Technology and Management. Also have written and published on the Internet, "So You Want to be a Cop (Police Officer) in Florida?" you can Google it..

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Phi Theta Kappa, plus 50+ Departmental Awards over the years. FBI Directors award for assisting in a Nationwide investigation into Child pornography.

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