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I am a former Marine military police SWAT officer. In 2004, while on active duty stationed in Virginia, I experienced an accidental discharge with my personal weapon. Regardless of my professional law enforcement career, I was arrested and charged with, "Unlawful discharge of a firearm." I went through a trial and was found, "Not guilty" by a jury of my peers. I came home to New York and attempted joining the NYPD. If I get my record expunged in Virginia, can the NYPD obtain access to those sealed case files and use them against me? I've done some research on the expungement law of Virginia and it says, if my record is expunged in Virginia, no employer, weather it be the local K-Mart or a government agency, can lawfully mandate you to discuss intimate details of the specific case. So, again I ask, if I was found, "Not guilty" and my case gets expunged, can or will the NYPD or Westchester County police obtain access to the expunged file and use it as a form of denial for employment?
I think they can get the info because they're LE and you have to reveal every arrest regardless of the disposition. they will hear the facts and know of the expungement, what kind of decision they make is up to them
After I pass the written exam what other requirements are needed to be hired?
After a candidate has successfully passed the written examination, candidates must also pass a character and background examination, oral psychological and written exam, drug/alcohol screening, medical physical and physical agility test.
Some factors that are cause for disqualifications:
Any Conviction of an offense which is punishable by one or more years imprisonment (Felony)
Any repeated convictions of an offense which indicate a disrespect for the law, a lack of good moral character or disposition towards violence and disorder
Discharge from employment, where such discharge indicates poor behavior and/or inability adjusting to discipline
A Dishonorable Discharge from the Armed Forces
Persons convicted of a Petit Larceny
Persons convicted of Any Domestic Violence offense
they always say certain convictions can disqualify you but LE can see arrests that did not lead to a conviction, whereas generally non-LE people cannot see arrests that did not lead to conviction.I think the issue isn't so much is will they have an issue with an arrest that didn't lead to conviction as if you don't tell the truth about the arrest. regardless of sealing, expungement, etc, LE can see those arrests
anyway i would hope LE would see truthfulness on the part of an applicant as having integrity
they always say certain convictions can disqualify you but LE can see arrests that did not lead to a conviction, whereas generally non-LE people cannot see arrests that did not lead to conviction.I think the issue isn't so much is will they have an issue with an arrest that didn't lead to conviction as if you don't tell the truth about the arrest. regardless of sealing, expungement, etc, LE can see those arrests
anyway i would hope LE would see truthfulness on the part of an applicant as having integrity
Per state law, it is unlawful for anyone having access to expunged court or police records to open them, review them or disclose information from the sealed records unless first granted permission by the court that granted the expungement order. Virginia Code, 19.2-392.3-A.
they always say certain convictions can disqualify you but LE can see arrests that did not lead to a conviction, whereas generally non-LE people cannot see arrests that did not lead to conviction.I think the issue isn't so much is will they have an issue with an arrest that didn't lead to conviction as if you don't tell the truth about the arrest. regardless of sealing, expungement, etc, LE can see those arrests
anyway i would hope LE would see truthfulness on the part of an applicant as having integrity
The legislature has also prohibited state and local agencies from requiring disclosure of expunged criminal records in any application or interview for a license, permit, registration or GOVERNMENTAL EMPLOYMENT. Virginia code, 19.2-392.4-B.
Simply put, if asked on an application, "Have you ever been arrested for any crime?" If your case is covered by an expungement order, you can lawfully answer, no. They can not mandate you to disclose any information on any case that is covered by an expungement order. It's against the law. It's not about integrity. It's about knowing what the laws are and not being taken advantage of.
I do believe -- though I could be wrong -- that only a conviction, and not an arrest, will make you ineligible for the NYPD.
That's what the NYPD wants people to think. A buddy of mine that served with me in the Marines just got out and attempted joining the July 2008 academy class. His investigator told him, since he had been summonsed for jumping the turnstile when he was 17, they wanted to give him some time to see if he would fall back into his old ways!!
Mind you, my buddy got out with an Honorable discharge, he was a military police officer for 8 years on active duty, served 2 1/2 years in Japan as an MP, was a physical security chief and a substance abuse counseling officer!!
So, because he hopped the turnstile when he was 17 his 8 years of active honorable service is discredited??
It's a shame how this country begs and begs for people to join the military and defend this nation so that when we come home, we're looked at like we're not worth the blood, sweat and tears that we shed to provide the very opportunities that civilians take for granted on a day to day basis. It's sickening!
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