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Old 09-06-2009, 10:03 PM
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Default Felony Question, with a twist.

Hey All, I've got a question that has been asked 1,000 times with the same relative answers. My question has a slight twist though.

I'm a former police officer.... was a police officer for 8 years, and while working in the capacity as a narcotics officer I learned a motorist had filed a complaint against me stating I had sexually assaulted them.

Very long story short, indicted by a grand jury. Judge wouldn't allow us to show this female had been charged with making false reports twice before, and wouldn't allow us to show her extensive criminal record. Rape Sheild law. Anyways, took a plea deal to agg assault, official misconduct. 6 years probation. I dont trust jurys, I've been in front of enough of them to know you have a 50/50 shot at best.

Like i said, working narcotics in a small town....I'm sure I made the wrong people mad, but thats water under the bridge. Plan to get back into it at some point if i can. Getting this expunged regardless.

Went to truck driving school, graduated 3 weeks early so they had to fudge on my time alittle bit. Although my record says otherwise, i'm not a criminal. Still talk to my cop buddies daily. I have letters of recommendation from all of my former supervisors.

Am I still screwed? And no, I didn't commit the crime. lol.
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Old 09-06-2009, 10:35 PM
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Yeah, I know a guy that spent 15 years for rape. The victim was telling everybody, later, that she had him locked up because he didn't satisfy her that night. And, she went after him because I was too drunk to walk.

I do believe your story. Yes, it is entirely possible. However, are you screwed? Probably. I could be wrong, but the recruiters tend to look at official records. There are some companies that take these things on a case-by-case basis, but I believe their numbers have been shrinking over the last year and a half. You may be screwed until you actually do get it expunged. Until then, the record stands.

Yes, I am handing you a "bed of roses"... But, keep in mind that I have not filed down, even one of the points on the thorns.

If you don't have any luck in this industry, I also used to know a guy that worked at Wal-Mart after having spent nearly 10 years in prison in KY for 5 counts of sodomy with his own 4 year-old son. (He died of a heart attack 2 years ago.) And, that was without getting anything expunged.

While I do believe what you've told us may be entirely possible, the best I can tell you is "GOOD LUCK". There are a few other guys that stop in here that can give you a much better idea of what you face.
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Old 09-06-2009, 11:54 PM
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Windwalker pretty much summed it up. Even getting the record expunged, you may be barred from entering Canada.
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Old 09-07-2009, 01:11 AM
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There's no twist to it, you have a felony conviction for aggravated assault.
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Old 09-07-2009, 01:29 AM
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So where is the twist? You, me and everybody else here at Shawshank Prison is innocent. Only guilty man here is old Red.
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Old 09-07-2009, 02:21 AM
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If the shoe don't fit, you must acquit.

Not one to give legal advice - but I'd never cop a plea down on something I DIDN'T DO - but HAVE pled down on something I DID DO. OTOH, there's a bunch of cops I know personally, that are the most crooked m-fers to walk the planet - all in Vice/Narc - they lie like rugs, take sexual favors from perps and CI's like they were kids in a candy store.

That being said - you got 6 years paper - are you STILL ON PROBATION? An expunge will help you GREATLY, but, depending on the state, depends on HOW WELL it actually gets expunged (as someone had mentioned, entering Canada). I had a 2nd degree drug felony, pled down to a 3rd (yeah, I did it) - dismissed and sealed upon completion of probation (first offense), where I got OFF PAPER and got it SEALED in '91. It DOES NOT SHOW on DAC's or any other criminal search I've done, and I've entered Canada multiple times recently (and drug felonies are instant entry-denied's at the border) - but I DID have to wait until I was off paper for 3 years to get my carry permit back.

As others have mentioned, in this poor economy, where there are plenty of blemish-free folks WITH experience looking for work, a newbie with a blemished past has a much tougher time getting a hire.

OTOH - try Covenant and CR England, tell the recruiter what your deal is, and roll the dice. You never know.

Best of luck...

Rick
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Old 09-07-2009, 03:05 AM
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Hand ...You Ain't Gunna Beleive this , But I was convicted of....

OR

Driver this ain't no lie , But I ...
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Old 09-07-2009, 04:11 AM
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What I had said was entirely true. Back, before I went into the Navy, there was a girl at a party that was trying to have me go home with her. Yes, I was too drunk to even walk. So, I got really lucky. She picked another guy. The next day, he was arrested for rape. He got out in something like 11 years, and after he was out, she told a few people that the reason she filed rape charges was because he did not "please" her that night. She was dissapointed, so she paid him back. A 15 year sentence. And, she had all the evidence, sperm sample and all.

Sure, there are dirty cops too. The son of a former police dispatcher made the FBI's top ten list for a while because of his illegal drug factory, and it was later found out that the dispatcher, himself, was dealing drugs to the inmates in the cells.

I also know of a few that were given a choice to resign or be framed. My ex father-in-law was one of them. He would not join the crowd on the take, so he either quit or they were going to set him up.

But, at this point, it really does not matter if he's telling the truth or not. The fact is that the paperwork says he did it, and did time for it. If he get's it expunged, he'll still have to account for the time off work. But, I also am aware of the fact that certain violations CAN NOT BE EXPUNGED. I do not know if his can or can not. In the state of FL, a DUI can not be expunged. With all the sexual offenders and laws about them, this may not go away that easily either. As for his chances? He'll have to roll the dice, and don't be too surprised if "SNAKE-EYES" rolls up.
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Old 09-07-2009, 11:14 AM
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I didn't think that you could have your record expunged if you plead guilty. In any case, he was on probation. According to what I read he never served any jail time. I would say that each state handles this type of thing differently. Some carriers will consider a new driver who has a felony conviction after 5, 7 or 10 years. Some will never hire someone with a felony conviction. Not all carriers check criminal backgrounds, but more and more are checking due to problems that come up after the fact. Without experience you will likely be forced to go with one of the big carriers and most of them will check your criminal background. I suggest you make some calls to those who hire inexperienced drivers and see what they say. You could find a smaller carrier who could hire you but most of us are limited as to whom we can hire due to insurance regulations. Mine is very strict on experience and moving violations.
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Old 09-07-2009, 03:42 PM
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I Appreciate the information. I think the state just wasted thier money sending me to truck driving school. Gee thanks.... least I got to kill 5 1/2 weeks driving a big truck. :hellno:

I took a plea deal because honestly I was scared to death of prison. Its pretty much like a poker game. They were wanting aggravated rape, which is a class A offense. 25 years in prison. Aggravated because I was armed. Or take a plea deal to 7 years probation. Prisons dont normally roll out the welcome mat for former police officers. So at the very least I would have been in solitary confinement for 25 years. But thats awhole other story, and I'm not gonna waste everbody's time pleading my innocence. That isn't the point.

They told me at the truck driving school, they had a student that had graduated and he was convicted of robbing 2 or 3 banks. Of course that was before the economy went to crap.

Again, thanks for the help....i pretty much knew I was screwed, just wanted to make sure. :banghead:

Last edited by DirtDiver; 09-07-2009 at 03:45 PM.
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