Help CenterWhen it comes to pursuing a career in law enforcement, individuals must meet certain eligibility criteria set by the Texas Commission on Law Enforcement (TCOLE). One common concern is whether receiving pre-trial diversion for a criminal offense impacts eligibility for TCOLE licensure.
Understanding Pre-Trial Diversion
Pre-trial diversion is a legal agreement that allows an individual to avoid formal prosecution and a criminal record if they comply with specific conditions set forth by the court. It is important to distinguish pre-trial diversion from other forms of court-ordered supervision such as deferred adjudication and probation:
- Pre-Trial Diversion: A program that, upon successful completion, typically results in the dismissal of charges without a conviction.
- Deferred Adjudication: A form of probation where a guilty plea is entered but not finalized, and the case is dismissed after probation is successfully completed.
- Community Supervision (Probation): Court-ordered supervision following a conviction.
Eligibility for TCOLE Licensure
Successfully completing the terms of a pre-trial diversion agreement does not make an individual ineligible for TCOLE licensure. Here’s why:
- Successful Completion: If you successfully complete the terms of the pre-trial diversion agreement, the original charges are usually dismissed, and you avoid a criminal conviction. This means you do not have a conviction on your record, which is a key factor in maintaining eligibility for TCOLE licensure.
- Distinct from Other Supervisions: Pre-trial diversion is different from deferred adjudication and community supervision or probation. These latter forms of supervision involve a conviction or guilty plea, even if ultimately dismissed, which can affect eligibility for licensure.
Important Considerations
While successfully completing a pre-trial diversion program keeps you eligible for TCOLE licensure, there are still important considerations to keep in mind:
- Agency Discretion: Individual law enforcement agencies have the discretion to make hiring decisions based on their own policies and standards. Even if you are eligible for licensure, some agencies may choose not to hire you if they determine it is not in their best interest.
- Disclosure Requirements: It is important to be transparent about your legal history during the application process. Failing to disclose information truthfully can result in disqualification or revocation of licensure.
Conclusion
In summary, receiving pre-trial diversion for a criminal offense does not automatically make you ineligible for TCOLE licensure as long as you successfully complete the terms of the agreement. However, keep in mind that individual law enforcement agencies may still exercise discretion in their hiring decisions.
For more detailed information or specific inquiries, please refer to the TCOLE Rules Handbook or contact TCOLE directly at 512-936-7700.