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  1. #16
    SnapShawt is offline Veteran Member SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute SnapShawt has a reputation beyond repute
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    Okay I've had sleep and re-read your original post. You say you were NOT convicted but got 2 years probation with deferred adjudication. At the end of that period you will not have a Class A conviction on your record. However, for TCLEOSE purposes, the probation is considered equivalent to a Class A conviction and you are still ineligible to become a peace officer in this state.

    In Texas, we have two types of things that can be done with criminal records in terms of what you're asking, and they're VERY different terms - "sealing" and "expungement".

    Sealing a record here means that it is closed only to public inspection (NOT to law enforcement agencies during the hiring process - they would be an "exempt agency"). Expunging a record means that the record of the conviction and related documents are completely destroyed and therefore not accessible by anyone, include law enforcement agencies. They no longer exist. Either a sealing or expungement can only be done 5 years after a misdemeanor conviction or 10 years after a felony conviction.

    Now, how this applies to you. You weren't convicted. Instead, you took probation and deferred adjudication. Sealings (which would be pointless for you anyway) and expungements may currently not be done in your case because of that. They can ONLY be done in the case of a conviction. Texas Code of Criminal Procedure 55.01 outlines the eligibility requirements for expunctions. Your case, as you explain it, does not fall within those requirements. You were never tried and convicted but instead agreed to probation and deferred adjudication.

    So, where Delta lives in Florida the requirements for an expunction may be different. To answer your question in Texas, no it would not be possible to get it expunged to qualify. I asked an attorney friend of mine about this to be sure (I actually have a DEFENSE attorney as a friend, oh the horror of it all), and he said they've been pushing to get probation and deferred adjudication cases to be eligible for sealing and expunctions here for some time but he doesn't see it happening any time soon.

    So in Texas, you cannot be a peace officer. Maybe moving to another state and establishing residency will make it possible, I don't know. I would still doubt it however as the record will always be there having originated and been adjudicated here in Texas. I couldn't tell you how another agency in another state will look at it.
    "Now I can just tell people that I'm old, cranky and to leave me the hell alone!" --retdetsgt

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  2. #17
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    DeltaV is offline Veteran Member DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute DeltaV has a reputation beyond repute
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    Regardless of the expungement issue, the only misdemeanor that will automatically prohibit you from being a LEO in Florida is a domestic violence misdemeanor.

    Like SnapShawt said, if you really want to work in LE then you should look at other states (or maybe even federal positions), as it appears that you are ineligible for hire in Texas. Every state has different minimum requirements for LEOs, some more strict than others.

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