Ala. Admin. Code r. 650-X-2-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 650-X-2-.05 - Character

(1) The applicant shall be a person of good moral character and reputation;

(2) Conviction of any felony pursuant to any state or federal law shall be a complete and absolute bar to certification, employment, appointment, or approval as a law enforcement officer.

(a) The existence of a pardon does not nullify a conviction for the purpose of this rule.

(b) An applicant having been convicted, pleaded guilty or nolo contendere to any felony pursuant to state or federal law is not eligible for certification, employment, appointment, or approval as a law enforcement officer, notwithstanding suspension of sentence or withholding of adjudication.

(c) Conviction of any conduct, including by a plea of guilty or nolo contendere, in any other jurisdiction that would have constituted a felony in Alabama and been punishable by a sentence exceeding one year in Alabama shall be a complete and absolute bar to certification, employment, appointment, or approval as a law enforcement officer, notwithstanding suspension of sentence, withholding of adjudication, or the existence of a pardon.

(d) An applicant shall disclose and produce to the Commission, any expunged record of any arrest, regardless of the disposition of the case. For the purpose of certification and regulation of law enforcement and correctional officers the Commission shall have access to any expunged records sealed or archived. An otherwise eligible applicant who has received an expungement of any felony or of any misdemeanor offense involving force violence or moral turpitude is required to submit to a review for eligibility by the Committee on Character and Psychological Evaluations Review prior to appointment as a law enforcement officer.

(3) An applicant or certified law enforcement or correctional officer who, as a defendant in any criminal or civil case enters into a plea or other agreement approved by the Court presiding over any said criminal or civil matter, to surrender his/her APOSTC certification or to never work again in law enforcement or corrections shall not be eligible for certification, re-certification, employment, appointment, or approval as a law enforcement or correctional officer. The Commission will revoke the certification of any person so situated. For the purposes of this Rule, approval by the presiding Court shall include express approval in an order or docket entry or implied approval evidenced by the dismissal of said criminal or civil case conditioned on such agreement. The existence of a pardon on said criminal conviction shall not have any effect on the eligibility of a person so situated to be certified, re-certified, employed, appointed, or approved as a law enforcement or correctional officer, except a subsequent court order by the Court presiding over said criminal or civil case declaring said agreement void ab initio.

(4) Conviction of a misdemeanor pursuant to any municipal, state or federal law shall not automatically disqualify a person as a law enforcement officer. Such a conviction may be considered as a factor among several in evaluating fitness as a law enforcement officer, which factors shall include but not be limited to the nature and gravity of the offense or offenses, the time that has passed since the conviction and/or completion of the sentence and the nature of the job held or sought and such other factors as to affect the applicant's character. In the case of a misdemeanor conviction, involving a guilty plea or plea of nolo contendere, involving force, violence, moral turpitude, perjury, or false statements, notwithstanding suspension of sentence or withholding of adjudication, results of psychological testing shall also be considered as a factor in considering the applicant's fitness as a law enforcement officer.

(5) Adjudication as a juvenile shall not be considered as a conviction for the purpose of these Rules.

(6) Any person who is prohibited by state or federal law from owning, possessing, or carrying a firearm, including but not limited to a pistol, handgun, rifle or shotgun, shall not be employed or certified as a law enforcement officer.

(7) Any person who is required to register as a convicted sex offender as defined in Title 15-20A-5, Code of Ala. 1975, as amended, shall not be employed or certified as a law enforcement officer.

(8) The arrest of any certified law enforcement officer, provisionally appointed law enforcement officer, or applicant, for any felony or misdemeanor offense shall be immediately reported to the Commission by the employing agency, arresting agency, and the law enforcement officer. The final disposition, including a copy of the case action summary, shall be immediately provided to the Commission by the employing agency, arresting agency, and the law enforcement officer regardless of finding. Any applicant for employment and/or appointment as a law enforcement officer, whether previously certified or non-certified, who has criminal charges pending before any court, is subject to court-ordered probation or is the subject of a protection order issued by a court of competent jurisdiction, shall not be employed or appointed as a law enforcement officer until any/all criminal charges are adjudicated and the individual is released by the court from any probation orders and/or protection orders. Upon adjudication and/or release as specified herein, a Character Review may be required to determine eligibility for employment/appointment.

(9) Applicants who falsify their application are ineligible for employment as a law enforcement officer and they are ineligible to attend the academy for certification as a law enforcement officer. Applicants who are determined to have falsified their applications are barred from employment or certification as a law enforcement officer for two (2) years.

(10) No law enforcement officer, either certified or provisionally appointed, shall knowingly and willfully provide false or misleading information to the Commission or any of its agents.

(11) No law enforcement officer shall knowingly and willfully violate the Rules and Regulations of the Commission.

(12) Any law enforcement officer who knowingly and willfully provides false or misleading information to the Commission or its agents, or who knowingly and willfully violates the Rules and Regulations of the Commission, shall be subject to having their Certification suspended or revoked by the Commission.

Ala. Admin. Code r. 650-X-2-.05

Effective date: September 29, 1983. Repealed and Replaced: Filed May 8, 1995; effective June 12, 1995. Amended: Filed February 4, 1999; effective March 11, 1999. Amended: Filed May 15, 2002; effective June 19, 2002. Amended: Filed November 3, 2006; effective December 8, 2006. Amended: Filed May 12, 2009; effective June 16, 2009.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 11, August 29, 2014, eff. 9/12/2014.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 11, August 31, 2017, eff. 9/22/2017.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 05, February 26, 2021, eff. 4/12/2021.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 12, September 30, 2021, eff. 11/14/2021.

Author: R. Alan Benefield, Executive Secretary

Statutory Authority:Code of Ala. 1975, §§ 36-21-40 et seq, Act No. 2014-292.