Class A Misdemeanors

[jchat]

My question is, I have a Class A misdemeanor in Texas for Unlawfully carrying weapons. I was given Deferred adjudication. This happened in 1998 when I was 18 and stupid but Im 32 now. I had hunting knives in my truck that were over the legal length. I have wanted to become a Police officer since I was little. I am in the Army now and will be out in a little over a year. Am I disqualified from being a peace officer in Texas or are there ways around this? Any help would be greatly appreciated. Thanks

[TEXASCOP]

The below are the rules regarding criminal history for licensing of Texas Peace Officers.

Criminal Background:
(a) The applicant must:
(1) not be currently charged with any criminal offense for which
conviction would be a bar to licensure;
(a) community supervision history:
(i) has never been on court-ordered community supervision
or probation for any criminal offense above the grade of a
Class B misdemeanor or a Class B misdemeanor within
the last ten years from the date of the court order;
(b) conviction history:
(i) has never been convicted of an offense above the grade
of a Class B misdemeanor or a Class B misdemeanor
within the last ten years;

[jchat]

Ok so apparently Texas is out. Unfortuanly since that is my home and where I was wanting to go back to once I get out of the Army. Are there any states that will allow me to be a peace officer with the class A? My time in the military is drawing close to an end and I really need to start figuring this out. Thanks for your answer so quickly!
edit: What if I was to get an attorney and get a Non-disclosure statement from a judge so that I can legally say that I do not have the class A? I know law enforcement agencies can still see it depending on the circumstances but I dont want to dish out the money yet till I know for sure if it will help me with becoming a leo!

[mcsap]

I read that to mean that after 10 years you were good to go.

[jchat]

(i) has never been convicted of an offense above the grade
of a Class B misdemeanor or a Class B misdemeanor
within the last ten years;

See Im reading that as "Never been convicted of an offense above a Class B" in which the class a is. Or a class b within the last 10 years would disqualify me.

[Kimble]

(i) has never been convicted of an offense above the grade
of a Class B misdemeanor or a Class B misdemeanor
within the last ten years

See Im reading that as "Never been convicted of an offense above a Class B" in which the class a is. Or a class b within the last 10 years would disqualify me.

I believe you are correct, jchat. I read it as saying having NEVER been convicted of an offense above Class B Misdemeanor (i.e. Class A Misdemeanor or Felony), OR with it having been more than 10 years if you've been convicted of a Class B Misdemeanor. Unfortunately I believe per TX law you'd be ineligible statewide, as TEXASCOP already pointed out.

You will find, though, that different states have different standards, and may find other states that will not automatically disqualify you with the amount of time that's lapsed.

[TEXASCOP]

Yeah, I have to call in to question the letter of the law. We arrested a Deputy Constable a few months ago. His criminal history showed 2 arrests, one in 1991 (class A misdomeanor) and one in 1993 (State Jail Felony). The disposition in both did not show convictions and I think in both cases he was granted probation or deferred, which appeared he successfully completed (I was scratching my head). I heard If you can get a lawyer to write a letter requesting to allow you to be licenses and explaining your circumstances they may allow licensing. That's just what I hear.

[Reapp]

Actually, you would need to receive the blessing of a department administrator (Chief, Sheriff, etc) to be eligible for licensing before the 10 years is up (but after 5 years) on a Class B Misd. I don't think there is such a provision for anything higher than that.

A deferred adjudication is considered a conviction for purposes of licensing.

In short, you are not eligible in Texas.

[TEXASCOP]

Actually, you would need to receive the blessing of a department administrator (Chief, Sheriff, etc) to be eligible for licensing before the 10 years is up (but after 5 years) on a Class B Misd. I don't think there is such a provision for anything higher than that.

A deferred adjudication is considered a conviction for purposes of licensing.

In short, you are not eligible in Texas.

Yeah but how did that deputy constable I arrested a few months ago get his license after having a felony and a class A misdemeanor on his criminal history. He did probation on both charges and they didn't show a conviction but it clearly says in the regulations "has never been on court-ordered community supervision or probation for any criminal offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order".

[Reapp]

Did the court dispositions occur before the TCLEOSE rules were changed to the current rules? I've only been licensed since 1999 so I can't speak to anything before that.

[TEXASCOP]

He made a comment at one point "come on guys, I have been a cop for 10 years those guys attacked me ". This was after he got liquored up at a bar, punched his girlfriend and was dragging her by her hair. A man attempted to intervene, who was shoved off a ledge and subsequently dislocated his ankle. Then a second man got involved and they traded blows and we arrived shortly after. All the witnesses agreed that the two men were just trying to stop the guy from assaulting his girlfriend any further. Oh and somewhere in there he threatened to shoot one of the guys although he was unarmed.