Background question please respond

[mhaus]

I have a question which I need help with. I am wondering if i will be able to go into law enforcement. In 1999 I was charged with bigamy. I had filed for divorce from my first wife and the paperwork was signed but never submitted by my attorney. To make a long story short I was charged with Bigamy a class A misdemeanor in Texas. I was not convicted but did serve 2 years probation with deferred adjudication. I have never had any problems with the law before or since this situation. Will I be able to become a police officer in Texas with this history? Thanks!

Matt

[Johninaustin]

If you served probation you were found guilty. Deferred or not, the police dept will see the arrest and prosecution in the court records. They have access to all of them.

I'd say your chances are pretty much zero. Remember, you compete against a whole lot of other applicants without such a history. It's a pretty major hit.

[mhaus]

So, it wouldn't matter if it has been ten years and no previous or latter criminal history. Had I known better I would have fought it.........it was a crazy charge to begin with......

[Johninaustin]

So, it wouldn't matter if it has been ten years and no previous or latter criminal history. Had I known better I would have fought it.........it was a crazy charge to begin with......

You have a Class "A" misdemeanor. One step below a felony. Not exactly a speeding ticket. You can check the Texas Commission on law enforcement standards and education, but you may not even be hirable under state standards. (It's been a while since I checked)

[mhaus]

Thank you very much for your response. I did look at the site and at this time looks like i'm out....which really bites!! I should have fought it considering it was a technicality but I was young and didn't know better. The upside it looks like they are considering lifting the ban on class A's under certain circumstances. If they do I might have a shot.......til then i'll just keep fishin'

Matt

[mcsap]

I kind of thought bigamy was black and white. You can only be married to one person at a time. PERIOD.

Seems easy enough to me.

[DeltaV]

You can always contact an attorney and attempt to get your record expunged.

[alamosaddles]

If you served probation you were found guilty. Deferred or not

That is not exactly true or correct. Many, if not most states do not classify a withhold of adjudication as being found guilty of the charge. If he had adjudication deferred or withheld, then the presiding judge refused to "brand" this individual as "guilty" in the eyes of the law. How the police department treats the withhold is entirely separate, and I do agree that with the withhold he has little chance of employment with most LEAs.

If an individual can buy and possess a machine gun despite having for example, a withhold on a felony charge, which one can, then that same individual is eligible for LE work, unless state or local statute explicitly prohibits it.

[valycop]

Commission Rule. §215.15 Enrollment Standards

(a) In order for an individual to enroll in any basic licensing course which provides instruction in defensive tactics, arrest procedures, firearms, or use of a motor vehicle for law enforcement purposes, the academy must have on file:

(1) written documentation that the person is currently licensed by the commission; or

(2) if the person is not licensed by the commission, documentation that the individual has been subjected to a search of local, state and national records to disclose any criminal record;

(A) is not currently charged with any criminal offense for which conviction would be a bar to licensure;

(B) 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; but

(ii) the commission may approve the application of an individual who received probation or court-ordered community supervision for a Class B misdemeanor at least five (5) years prior to enrollment if an agency administrator sufficiently demonstrates in writing with supporting documentation that mitigating circumstances exist with the case and with the individual applying for licensure, and that the public interest would be served by reducing the waiting period;

(C) 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; but

(ii) the commission may approve the application of an individual who was convicted of a Class B misdemeanor at least five (5) years prior to enrollment if an agency administrator sufficiently demonstrates in writing with supporting documentation that mitigating circumstances exist with the case and with the individual applying for licensure, and that the public interest would be served by reducing the waiting period.

(D) For purposes of this section, the commission will construe any court-ordered community supervision, probation, or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:

(i) another penal provision of Texas law; or

(ii) a penal provision of any other state, federal, military or foreign jurisdiction.

(E) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas law.

(F) has never been convicted of any family violence offense;

(G) is not prohibited by state or federal law from operating a motor vehicle;

(H) is not prohibited by state or federal law from possessing firearms or ammunition; and

(I) is a U.S. citizen.

(b) In order for an individual to enroll in any basic peace officer training program which provides instruction in defensive tactics, arrest procedures, firearms, or use of a motor vehicle for law enforcement purposes, the academy must have on file:

(1) a high school diploma;

(2) a high school equivalency certificate and has completed at least 12 hours at an institution of higher education with at least a 2.0 grade point average on a 4.0 scale; or

(3) an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;

(c) The enrollment standards established in this section do not preclude the academy licensee from establishing additional requirements or standards for enrollment in law enforcement training programs.

[valycop]

Deferred[0] Adjudication[0]; Community Supervision
Sec. 5. (a) Except as provided by Subsection (d) of this
section, when in the judge's opinion the best interest of society
and the defendant will be served, the judge may, after receiving a
plea of guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication[0] of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred[0] adjudication[0] is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred[0] adjudication[0], or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. In a felony case, the period of community supervision
may not exceed 10 years. For a defendant charged with a felony
under Section 21.11, 22.011, or 22.021, Penal Code, regardless of
the age of the victim, and for a defendant charged with a felony
described by Section 13B(b) of this article, the period of
community supervision may not be less than five years. In a
misdemeanor case, the period of community supervision may not
exceed two years. A judge may increase the maximum period of
community supervision in the manner provided by Section 22(c) or
22A of this article. The judge may impose a fine applicable to the
offense and require any reasonable conditions of community
supervision, including mental health treatment under Section 11(d)
of this article, that a judge could impose on a defendant placed on
community supervision for a conviction that was probated and
suspended, including confinement. The provisions of Section 15 of
this article specifying whether a defendant convicted of a state
jail felony is to be confined in a county jail or state jail felony
facility and establishing the minimum and maximum terms of
confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication[0]
filed within 30 days after entering such plea and the deferment of
adjudication[0], the judge shall proceed to final adjudication[0] as in
all other cases.

http://tlo2.tlc.state.tx.us/cgi-bin/...O_DOC_TEXT=YES

[SnapShawt]

I work in Texas.

You may not have a Class B misdemeanor on your record within the last 10 years.

A Class A misdemeanor and above permanently disqualifies you from being a peace officer in this state.

EDIT: Okay I just woke up. Somehow missed the long post by valycop with the TCLEOSE rules. In any event, this career is closed to you as an option here.

[mhaus]

Just to clarify my situation I was married to my first wife and filed and signed the divorce order along with my first wife. My attorney was supposed to file the documents with the courts and was informed that it was final. I married my current wife several months later. My attorney never filed the paperwork. My ex wife took the opportunity to call the county attorney and inform them of the situation and the end result was the bigamy charge. I should have hired an attorney but went with the court appointed attorney which was not a good idea. I am not a law breaking citizen and have never been in trouble. It was a really unfortunate situation and not much I can do about it now. Thanks for the input I appreciate it.

Matt

[mhaus]

Is it possible to expunge it and still qualify? Just a question....

[mcsap]

Just to clarify my situation I was married to my first wife and filed and signed the divorce order along with my first wife. My attorney was supposed to file the documents with the courts and was informed that it was final. I married my current wife several months later. My attorney never filed the paperwork. My ex wife took the opportunity to call the county attorney and inform them of the situation and the end result was the bigamy charge. I should have hired an attorney but went with the court appointed attorney which was not a good idea. I am not a law breaking citizen and have never been in trouble. It was a really unfortunate situation and not much I can do about it now. Thanks for the input I appreciate it.

Matt

Sounds like you might have had recourse against your own lawyer but that water passed under the bridge a long time ago.

[DeltaV]

Is it possible to expunge it and still qualify? Just a question....

Yes.