Certification Legal Issues

Certification Eligibility

The Sheriffs' Standards Division staff evaluates applicants/officers for certification as justice officers. Where an applicant/officer clearly fails to meet the minimum standards, the Division may take action on its own. Discretionary matters are evaluated by the Probable Cause Committee of the Commission. Members do not discuss any matters evaluated with full Commission, nor do they sit to hear, discuss or vote on Final Agency Decisions. Discretionary matters within the purview of the Committee include:

Did the applicant/officer commit a criminal offense?
Does the conviction of a particular criminal offense warrant suspension or denial of certification?
Did the applicant/officer make a material misrepresentation of information required for certification?

Upon a determination that an applicant/officer is not eligible to be certified, a notification letter will be sent explaining the reasons for that finding. Upon receipt of the letter, the applicant/officer has the options of either curing the deficiency (if possible), complying with the sanctions (if applicable), or requesting a contested case hearing before the Office of Administrative Hearings.

Prohibitive Criminal Histories

The Commission shall revoke or deny the certification of a justice officer when it finds that the applicant/officer has committed or been convicted of a felony or crime for which the authorized punishment could have been imprisonment for more than two years. (Conviction means the entry of a plea of guilty, a verdict or finding of guilt, and/or a plea of no contest, nolo contendere or the equivalent. Commission means a finding by the Commission or an administrative body pursuant to the provisions of Chapter 150B of the General Statutes that person performed the acts necessary to satisfy the elements of a specified criminal offense.)

The Commission may revoke, suspend, or deny the certification of an applicant/officer when the Commission finds that the applicant/officer has committed or been convicted of certain Class A and B misdemeanors, including:

A Class B misdemeanor that occurred after the date of initial certification.
A Class B misdemeanor dated within the 5-year period of time prior to the date of appointment.
Four or more Class B misdemeanors regardless of the date of commission or conviction.
Four or more Class A misdemeanors, each of which occurred after initial certification.
Four or more Class A misdemeanors, except the applicant may be certified if the last conviction or commission occurred more than 2 years prior to the date of appointment.
A combination of 4 or more Class A or Class B misdemeanors regardless of the date of commission or conviction.

For changes in the evaluation of Class A and B misdemeanors due to the Structured Sentencing Act, see the Misdemeanor Manual.