Long story short-I had a charge of possession of marijuana (under 5 grams) around 6-8 years ago, which was a violation of a city ordinance. I was arrested and placed on probation for six months.
I am now interested in applying to a police agency in a different state, in which the marijuana charge equates to a misdermeanor. It is disqualifying for 10 years for the police agency in which I would like to apply.
What agencies do background investigators reference?
The reason I ask is simple: I have checked out multiple systems, and no system currently has that charge on file. I have checked, or had another check, the following systems:
1. FBI NCIC
2. State court system
3. City court system
4. County court system
5. City police department
6. County police department.
7. ETNAC (Entrance National Agency Check)
I am going to run a fingerprint check next week with the highway patrol, which has a database of criminal history and tickets dealing with drugs for the entire state. If this comes back clear, I will then start establishing my sincere belief that my background is unblemished. Since this charge cannot be substantiated, I would not feel pressured to reveal it during the polygraph test.
The case is sealed; however, sealed cases must be available for review by the defendant. Is there any scenario where a sealed case cannot be brought up in a court system, but could be found elsewhere?
I have found only one agency that has the case on file, but I sincerely doubt BI check the said agency.
I am not going to engage in debate about my integrity, so please, if you can help me, thank you in advance.
Revolver,
Before you go on and actually damage whatever integrity you have left, I think you should first verify if the arrest is really a disqualifier or not with the police agency for which you are applying. Was the possession not a misdemeanor when you were convicted?
If the case is "sealed" then the BI may never really find out about it. This is completely dependant on the BI and the type of background the agency has him/her run on applicants. i.e. if the BI actually does his foot work he may actually find a record of this somewhere or may be referred to it by someone. Believe me, while it may be "sealed" it doesn't mean it has disappeared. Any BI worth a lick has found ways to find out things that people have tried very hard to hide from them.
Bottom line, you know that what you are planning on doing is wrong so I will save the lecture, but suffice it to say, lying is NO way to start a career in LE.
dimas,
I have confirmed that the charge is disqualifying for ten years for the PD I would like to join. If I could, I would apply without concealing something in my past. Unfortunately, that is not the case.
Thank you for your answer. If I were on the other side, I'm sure I would choose an applicant without a drug charge on his/her record over an applicant with one. However, without going into a lot of detail, I truly feel that I would be a great LEO. I just need to get my foot in the door, and this is why I'm asking for advice.
Revolver
I can't answer your question about what agency BI's reference but, they had computers back then and I bet somewhere deep in their computers there is a record of your arrest. Also, you will have to give them your hometown info. Further, LE agencies can find info about the defendant that the defendant can't find for himself.
The sealed case has a paper trail and, even if it can't be opened, your agency will most surely ask you what it cantains. A good BI can dig deeper than you ever thought.
I would think under 5 grams is a misdimeanor in just about any state unless it was proved that you intended to sell.
I would, also, bet that many, many active LEO's has had more than 5 grams in their posession when they were youngsters.
Quote from: Twoblock on Nov 14, 2005, 12:54 AM
I can't answer your question about what agency BI's reference but, they had computers back then and I bet somewhere deep in their computers there is a record of your arrest.
That's what I believe, also. I am going to exhaust myself in my search for the record, using every available resource. If I can not find anything, I will proceed.
Quote from: Twoblock on Nov 14, 2005, 12:54 AM
Also, you will have to give them your hometown info.
Yes, but I have not lived in the city in which the charge occured since I was 14. I know that it will be listed as my place of birth, but the department only wants to know info since I've turned 17.
Quote from: Twoblock on Nov 14, 2005, 12:54 AMFurther, LE agencies can find info about the defendant that the defendant can't find for himself.
How is this possible? I would assume that since I'm involved, I would have access to whatever resources the BI would have access to. In the end, I guess that's why I started this thread: to find out what systems BI use in order to assure that I will be prepared.
Quote from: Twoblock on Nov 14, 2005, 12:54 AM
A good BI can dig deeper than you ever thought.
Point well taken. I'm hoping my current credentials and confidence (not to mention stunning good looks) will ensure that the BI will see no need to dig beneath the surface of what he finds.
Quote from: Twoblock on Nov 14, 2005, 12:54 AMI would think under 5 grams is a misdimeanor in just about any state unless it was proved that you intended to sell.
When I was arrested, it was a violation of a city ordinance in my state. In the state I am applying for, it is a Class B misdermeanor.
Quote from: Twoblock on Nov 14, 2005, 12:54 AM
I would, also, bet that many, many active LEO's has had more than 5 grams in their posession when they were youngsters.
That's what I'm assuming, also. I would hope that these same LEOs would offer their advice, since they are living proof that people can change and become productive members of the LE community.
By the way, I was just joking about the stunning good looks. They're only average, and I've never stunned anyone with them.
Revolver
I am not in LE but, if I was doing the BI, I would start with the PD at the place of your birth. Somewhere in their system there is a record of your arrest. I don't think PDs throw anything like that away.
I forgot that you said it was a violation of a city ordinance. It may be that the charge never made it to county or state. However, I'll still bet that the city maintains a record of the case.
If I were in your shoes, I would have a friend (acting as an investigator of an employer where you would be in control money) to contact that PD and ask them "if they had any record on you until you 14". If they don't come up with anything, then I would proceed.
Another thing you have to consider is: how would you handle the drug questions their polygrapher will ask you? You will be thinking of that little city violation and probably spike the needle. You had better be able to spike higher on the controls.
I already had the city court system and the police departments checked. Every place I listed in the orignal post has been cleared.
As for passing the polygraph, I am not too worried. A little, I'll admit. However, if I cannot find anything on record, after a comprehensive search over the next two to three weeks, then I will start believing it never happened, and if I don't believe they can find it, I have no reason to be nervous about it. When I am spending a lot of money to travel, lodge, rent a car, etc., you'll just have to believe that I will leave no stone unturned in my record review before I engage this applicaton.
I know it sounds pathological, and maybe it is, but if I believe I have never done drugs, been arrested, etc., I truly feel that I will not spike on any relevant questions. I already have a response in my mind to almost every control question that can be asked, and I will most certainly register higher on the controls which I will worry about the next six months than on the relevant which I will forget about in the same timeframe.
Er, hopefully. I'm glad I discovered this site, and appreciate the responses offered.
Revolver,
It would of helped to know that you were indeed 14 at the time of your arrest. If the agency is not askind for anything that occured to you prior to your 17th birthday, then why worry about it so much. Some states actually prohibit police departments from asking you about juvenile delinquency arrests etc, but they do get around this in that while they cannot ask, if someone brings it up then they are free to inquire as they please.
14 is kind of young and many departments would not really hold it against you do to your age at the time and it being a misdemeanor.
dimas,
No, I was over 18 when it happened.
Revolver,
That small amount of marijuana is not a per se disqualifier, especially since it's ten years old. Just be honest about it up front.
Good Luck!
I passed ;)
Revolver
Congratulations. Now go and make that city a good cop.