expunged arrest record

[rockytop]

I am interested in becoming a police officer. I have a BA in criminal justice and spent 4 years in the Navy as an EOD special operations bomb tech. 13 years ago before joing the military (19yrs old) I was arrested for statutory rape. The charges were dismissed and the arrest was expunged. I also had a DUI 14 years ago at age 18. No problems since not even a speeding ticket. Do I have a chance at becoming a LE officer?

[Kimble]

I am interested in becoming a police officer. I have a BA in criminal justice and spent 4 years in the Navy as an EOD special operations bomb tech. 13 years ago before joing the military (19yrs old) I was arrested for statutory rape. The charges were dismissed and the arrest was expunged. I also had a DUI 14 years ago at age 18. No problems since not even a speeding ticket. Do I have a chance at becoming a LE officer?

It's been a long time since these past transgressions happened, and you've done some commendable work in the meantime, which will help to mitigate things. Regarding the statutory rape, how old was the victim? If she was a couple years younger than you (like 17) that could mitigate things further, if she was 13 or 14 (or younger) that's a whole different story.

[rockytop]

She was 14, but admitted to lying about the accusations and the charges were dismissed. While in the Navy I attained a top secret security clearence with the department of defense. They did a complete background check as well. Before anyone can attend any kind of special operations training they have to have the ability to obtain a TS security clearence. The charges were dropped and expunged. there is no record of the charges with my states administrative office of the courts or state police. I have also conducted an FBI finger print check and no record exists. Do I still have to disclose the arrest?

[Ispbear]

She was 14, but admitted to lying about the accusations and the charges were dismissed. While in the Navy I attained a top secret security clearence with the department of defense. They did a complete background check as well. Before anyone can attend any kind of special operations training they have to have the ability to obtain a TS security clearence. The charges were dropped and expunged. there is no record of the charges with my states administrative office of the courts or state police. I have also conducted an FBI finger print check and no record exists. Do I still have to disclose the arrest?

So you are saying that you were falsely accused and nothing ever happened between you and the girl? I would disclose it and tell the truth.

[TEXASCOP]

What state are you in?

[Kimble]

Do I still have to disclose the arrest?

Yes, if you're asked if you've ever been arrested. If asked if you've ever been convicted from what you've said you could truthfully answer no, but expect to be ask if you've been arrested, as well as disclosing all this.

Also, a security clearance background investigation is not always the same or more rigorous than a suitability (used for sworn LE positions) background investigation. I also previously held a TS-SCI clearance and have conducted suitability BI's, and I've seen folks cleared for a TS that could not be hired in LE. I don't say that to worry you, just to better explain that having a TS is not a "golden ticket" to become a cop.

[TEXASCOP]

She was 14, but admitted to lying about the accusations and the charges were dismissed. While in the Navy I attained a top secret security clearence with the department of defense. They did a complete background check as well. Before anyone can attend any kind of special operations training they have to have the ability to obtain a TS security clearence. The charges were dropped and expunged. there is no record of the charges with my states administrative office of the courts or state police. I have also conducted an FBI finger print check and no record exists. Do I still have to disclose the arrest?

We had a guy that applied a while back who was subsequently disqualified for not disclosing a previous arrest. He contacted one of our training sergeants and advised he believed his criminal history had been completely cleared including arrests, or that's what his attorney told him. When we ran his criminal history we received a return that had some information as if he had been arrested but there was no information regarding the arrest but it was a red flag.

[L-1]

The legal answer will vary from state to state, however, there are a number of other considerations here. Even if your state's law allows you to omit disclosure of this arrest, the Personal History Questionnaire you fill out as part of the background investigation will ask you to list and explain all contacts with police. Obviously, this was a contact. While expunging your records may alloy you do deny the arrest, it does not allow you to deny the contact, which you will then have to explain.

Additionally, when you get to the poly and are asked if you deliberately omitted anything, you will probably spike unless this has been addressed, causing a red flag to come up. Again, this will have to be addressed in order to clear your background.

[rockytop]

My state does allow me to not disclose the arrest. However it is still lying regardless. Like I said in my previous post I cannot find any information about the arrest on a background check (aministrative office of the courts, state police, and FBI fingerprint). The only report that I cannot view is an NCIC report. My FBI fingerprint check states "no arrest record" would the arrest show up on a NCIC check? If falsley accused of a crime like I was do I even have a chance at becomming a LEO? I'm not trying to toot my own horn, but why wouldnt a police department want someone with special operations experience? People with that skill level are few and far between. I am going to disclose the arrest, but it's a automatic red flag. I personally do not want my name spoken in the same sentence as statutory rape.

[Kimble]

Rockytop,

I hear where you're coming from. I've never been falsely accused of a crime, but I have investigated sex cases that were bogus allegations, as has any other sex crimes investigator. It's no secret to those working sex crimes cases that false allegations are occasionally made, but I would disclose everything upfront so that if you have to take a polygraph this doesn't arise during the test and become an issue.

While the issue may be a "red flag," that does not make it a deal breaker. If expunged that only helps support your story, further making the red flag stand down.

My state does allow me to not disclose the arrest. However it is still lying regardless. Like I said in my previous post I cannot find any information about the arrest on a background check (aministrative office of the courts, state police, and FBI fingerprint). The only report that I cannot view is an NCIC report. My FBI fingerprint check states "no arrest record" would the arrest show up on a NCIC check? If falsley accused of a crime like I was do I even have a chance at becomming a LEO? I'm not trying to toot my own horn, but why wouldnt a police department want someone with special operations experience? People with that skill level are few and far between. I am going to disclose the arrest, but it's a automatic red flag. I personally do not want my name spoken in the same sentence as statutory rape.

[rockytop]

will the arrest show up on a NCIC check even if it was expunged?

[Samuel]

Does it matter?

[DeltaV]

I know that when I view NCIC criminal histories, Florida records that have been expunged will still show up. I know that that's something that can differ from state to state, however is it something that you really want to risk? You do know that you will be given a polygraph exam and if you show deception on the question about failing to disclose past arrests then you'll be disqualified, correct?

If someone made false accusations against you and it was documented and proven, it's not something that you should worry about effecting your future. It will be a lot worse if you get caught not disclosing what is really a very serious arrest.

[retdetsgt]

will the arrest show up on a NCIC check even if it was expunged?

I guess it depends. Each state has it's own definition of expunged. In Oregon, we request the arrest record back from NCIC by sending them a copy of the court order. The original set of fingerprints and arrest record is given to the subject. Apparently, some states don't do that.

I would suggest you contact a lawyer in your state to see what expunged consists of there.

[rockytop]

Does it matter?

When asked a direct question it's common courtesy to give a direct response