When I was a young adult, I received deferred adjudication for a Class A Misdemeanor. Someone told me that this disqualifies me from becoming a peace officer in Texas, is that correct?

Yes, an adult Class A Misdemeanor conviction or court-ordered community supervision (adjudicated or deferred) is a lifetime disqualification for licensure as a peace officer or jailer in the state of Texas, unless an agency applies for and receives a waiver on your behalf from the Commission.

Understanding Deferred Adjudication and Its Impact on Licensure

Deferred adjudication is a form of court-ordered community supervision where the defendant pleads guilty or no contest to the charges but judgment is deferred. Successful completion of deferred adjudication typically results in dismissal of the case, but it still impacts eligibility for licensure by TCOLE due to its classification as court-ordered community supervision.

Lifetime Disqualification

• Lifetime Disqualification: If you have an adult Class A Misdemeanor conviction or received deferred adjudication for such an offense, this results in lifetime disqualification from becoming a licensed peace officer or jailer in Texas.
• Court-Ordered Community Supervision: Both adjudicated and deferred adjudication are considered forms of court-ordered community supervision and thus impact licensure eligibility similarly.

Waiver Process

While deferred adjudication for a Class A Misdemeanor generally disqualifies you, there is a process by which an agency can request a waiver on your behalf:

• Chief Administrator Request: An agency's chief administrator may request the executive director to consider a waiver for an otherwise disqualifying Class A misdemeanor.
• Eligibility for Waiver: The chief administrator is eligible to apply for a waiver five years after the date of conviction or placement on community supervision.
• Required Documentation: The request must include all relevant documents, mitigating factors, letters of recommendation, and statements of intent to hire.
• Commission Review: The completed request will be placed on the agenda of a regularly scheduled commission meeting, where the commissioners will decide to approve or deny the waiver.

Conclusion

In summary, receiving deferred adjudication for a Class A Misdemeanor does disqualify you from becoming a peace officer or jailer in Texas unless a waiver is successfully obtained through the aforementioned process. It is crucial to work with an agency willing to support your application for a waiver and to provide all necessary documentation to TCOLE.

For more information, please refer to the TCOLE Rules Handbook or contact TCOLE directly.