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Common Disqualifiers

These example rules are taken from Ohio and will vary by state.

 Applicants will be removed from eligibility

for any of the following reasons:

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Honesty/Falsification

  1. At any stage of the background investigation process, the applicant fails to disclose or acknowledge the use of any illegal drug(s), and at a subsequent stage in the process, the applicant admits to the use or purchase of an illegal drug.**

  2. At any stage of the background investigation process, the applicant provides substantially inconsistent responses as to the frequency, amount, or type of illegal drug(s) used or purchased by the applicant.

  3. At any stage of the background investigation process, the applicant fails to disclose or acknowledge an disqualifying behavior or activity on the part of the applicant, as an adult, relative to, and governed by, any of the Background Removal Standards.

  4. Failure or refusal to answer or respond to oral or written questions during any phase of the selection process.

  5. Failure to pass a polygraph examination or any attempt to distort the polygraph examination results.

  6. Use or attempted use of political influence to secure employment.

 

** The “use” of drugs occurs when an applicant smokes, puffs, ingests, tastes, injects, inhales, or otherwise tries, any illegal drug, such as cocaine. Since laws are changing rapidly regarding marijuana use, applicants need to carefully read what, exactly, is prohibited by their targeted agency  including but not limited to, marijuana, cocaine, anabolic steroids, and chemical inhalants. Sgt. Godoy

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Family History

  1. Verified or admitted physical or emotional abuse of one's spouse, ex-spouse, child, stepchild, parent or any other relative or person with whom one lives or has a relationship within seven (7) years.

  2. Non-compliance with a court order or legal contract to provide child support, alimony or other financial responsibility as determined by a of any court of law within five (5) years.

  3. Intentional violation of any protective or temporary restraining order as determined by a court of law within seven (7) years.

  4. Verified or admitted sexual abuse of one's spouse, ex-spouse, child, stepchild, parent or other relative or person with whom one lives or has a relationship.

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Employment

  1. Three (3) or more terminations and/or discharges within the last five (5) years. This shall not include any terminations resulting from a business ceasing operation.

  2. Discharge or resignation in lieu of discipline from any of the following positions: a) Law enforcement or corrections officer, b) Salaried or volunteer employee with a Fire/EMS agency, or c) Health care professional.

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Military History

  1. Dishonorable discharge from military service.

  2. Conviction of any article of the Uniform Code of Military Justice that would be equivalent to a felony under the local (state) laws.

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Traffic Violations

  1. Any conviction of vehicular homicide shall permanently eliminate an applicant from consideration.

  2. OMVI (Operating a Motor Vehicle while Intoxicated)

  3. Conviction within the past five (5) years, or

    1. More than one (1) OMVI conviction as an adult, or

    2. More than two (2) OMVI convictions, if one (1) conviction was as a juvenile.

    3. Four (4) moving violations in the past three (3) years as an adult.

  4. If the applicant owns a car, the applicant does not possess a valid driver's license and auto insurance as required by the residence state.

  5. One (1) revocation or suspension of driver’s license as an adult, in effect during the past three (3) years, due to points violation or by a court.

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Gambling

Gambling - The term "gambling offense" shall include any activity defined as gambling by a federal, state, local statute or ordinance in the jurisdiction where the activity occurred.

  1. Conviction of a gambling offense, within the last five (5) years.

  2. Admission to gambling that has resulted in an unstable financial or credit history within the last seven (7) years.

  3. Conviction of or admission to engaging in the promotion of illegal gambling activity wherein the applicant gains a financial benefit.

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Criminal Activity

(following are specific to Ohio and may vary in other states)

  1. Any theft offense as an adult, within the last five (5) years, or a combination of adult theft offenses which exceeds $400.00. This includes theft of cable TV service(s), if the theft occurred in the last two (2) years.

  2. Any pattern of theft offenses from an employer as an adult.

  3. Any fraudulent insurance claims or fraudulent applications for welfare, workers' compensation, unemployment compensation or other public assistance programs in excess of $400.00.

  4. Any admission or conviction of an offense as an adult defined as a felony by the federal, state, local statute or ordinance in the jurisdiction where the felony occurred. An admission of a felony offense would be disqualifying unless otherwise addressed by these standards.

  5. Any conviction of a M-1 or M-2 misdemeanor, as defined by the relevant federal, state, local statute or ordinance in the jurisdiction where the activity occurred, as an adult in the last five (5) years or more than one M-1 or M-2 conviction as an adult.

  6. Any conviction of more than one (1) M-1 or M-2 misdemeanor as defined by the relevant federal, state, local statute or ordinance in the jurisdiction where the activity occurred as a juvenile. (Does not include traffic or minor misdemeanors.)

  7. Any admission of an offense for carrying a concealed weapon within the last five (5) years if it is defined as a felony by the federal, state or local law where the offense occurred.

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Substance Abuse

NOTE: This is an example from Ohio. Use of marijuana rules are changing across the nation. Check with your targeted agency for the latest. Sgt. Godoy

 

  1. Any use or purchase of illegal drugs (except marijuana) within three (3) years before application or any time during the selection process.

  2. Any use or purchase of marijuana within one (1) year before application or any time during the selection process.

  3. Any pattern of use of illegal drugs, including marijuana, within the past seven (7) years.

  4. Any illegal sale of drugs of abuse, marijuana or prescriptive. If the substance was sold without profit to the applicant, the amount of the substance sold was de minimus, and the sales occurred when the applicant was a juvenile or more than five (5) years ago, then the above Rule shall be negated.

  5. Abuse of alcohol, chemical agents/solvent-based substances or prescriptive drugs. For the purposes of this standard, the “purchase” of marijuana or other illegal drugs include those purchases made by pooling of resources or money by the applicant and others for substances for their own use.

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Applicant Non-responsiveness

  1. Failure to appear for pre-interview or interview.

  2. Failure to appear for polygraph examination.

  3. Failure to appear for medical or stress test.

  4. Failure to appear for psychological exam.

  5. Failure to return Personal History Questionnaire, or to respond to phone calls or correspondence from Background personnel.

  6. Unable to locate applicant at address or phone number on file.

  7. Applicant is no longer interested in employment with the department.

  8. Failure to appear for oral board.

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