Character Disqualification Appeals Lawyer

The first thing you should do is hire an experienced and qualified character disqualification appeals lawyer who thoroughly understands the appeal process and will examine your particular case to determine whether or not you have grounds for a favorable disqualification appeal.  As a disqualification appeals attorney, I have been representing those disqualified based upon character issues for positions with the New York City Police Department, the New York Fire Department, and corrections officer positions for more than 20 years.

If you have ever been arrested, you must disclose that fact and confirm that your arrest appears on your APD5. You must always disclose your arrest record regardless of the disposition in your court case.

If you were ever suspended in school, you must disclose that fact. Your investigator and psychologist will ask for authorizations to find out if you ever had any school discipline. When they get the reports from your school/college that you were suspended, you will be disqualified if you did not disclose that at the outset, and most likely you will have an unsuccessful appeal.

If you were ever fired from a job you must disclose your termination.  Do not try to hide a termination, because when the NYPD gets your Social Security lifetime history (which they will), they will see exactly what jobs you had, and will ask you to explain why you were let go from certain jobs. If you do not reveal a job termination upfront, you will get disqualified simply for not providing true and correct information when requested.

Factors that can lead to a character disqualification can include a history of arrests and convictions, work discipline, school suspensions, a dishonorable military discharge, a history of drug and/or alcohol abuse, racist remarks, participation in groups that encourage violence or illegal activities or racism, and any almost any other type of disruptive conduct.

• Arrests and Convictions. Arrests and convictions will negatively affect the Character portion of an application.  In addition, moving violations will also be taken into consideration.  Please see the information below for more information about arrests, convictions, and infractions.
• School Suspensions and Expulsions. If you’ve been suspended or expelled from high school or college, the board will want to know the full circumstances of such suspension or expulsion,
• Job Termination. If you were frequently late or disciplined at your job, this would be a problem in your application.  If you were terminated from one or more jobs without a good explanation this also would be something you would have to explain.

A job termination in itself will not normally cause an issue; what is important is why you were terminated.  As an example, many people have lost their job due to circumstances beyond their control, such as:

• Poor economic situations affecting company profitability and cash flow.
• A company is sold, and the new owner does not want to retain the current employees.
• The company wants to discontinue a certain product segment or wants to restructure internal teams.
• A company wants to close a branch, or to have a person relocate to another city.

These and similar examples may all lead to termination without any fault or blame on the person losing their job.  In other situations, termination may be due to other matters, such as poor performance, theft, too many unexplained absences or other attendance issues, or other interpersonal issues (such as threats to others or inappropriate behavior).  In any case, the board will want to know the exact reasons that you were terminated.

• Dishonorable Discharge. If you have been dishonorably discharged from the military, you should be prepared to explain the full circumstances relating to the discharge.
• Alcohol/Drug Abuse. The civil service board recognizes that those who have successfully overcome alcohol abuse and drug addiction may qualify for civil service positions.  They will want to know about a Candidate’s alcohol and drug history, whether alcohol has been a problem, and whether a Candidate has ever sought treatment for addiction.
• Racism and Participation in Certain Groups Promoting Violence. There is no place for racism in society or in civil service positions.  Nor is there any place for those who participate in groups that promote violence.  If you have engaged in racist activities or in a group promoting violence, you can expect that it will be difficult to get a character disqualification determination decision overturned.

If you have been convicted of a crime or have other character issues such as those noted above, you should have full candor when initially asked about these matters, as you will have a greater chance of not having an adverse decision against you if you are forthcoming than if you lie (or fail to disclose) such issue until later when such issue surfaces.  As an example, termination due to poor job performance may have been affected by other extenuating circumstances, such depression or caring for a terminally ill parent, that may have been resolved.  It is better to disclose this fact than to say that you were never fired.

Be prepared to answer all questions truthfully and in full detail.  Lies and deception in and of themselves will be a separate cause for disqualification apart from the underlying issue.

If you were arrested and/or convicted of a misdemeanor or felony or charged with another infraction, the circumstances of such matter will need to be explained upon appeal.  If the disposition or final outcome of your case was dismissal or a lesser charge, that could help you in your appeal.

The recency of your last violation or infraction is also important regarding your NYPD character appeal. If it has been a decade or even five years since your last infraction, that could help you by showing the New York City Civil Service Commission that you have changed your behavior for the better.

The following are factors which would ordinarily be cause for character disqualification:

• Conviction of an offense which indicates lack of good moral character or disposition towards violence or disorder, or which is punishable by one or more years imprisonment.
• Repeated convictions of an offense which indicate disrespect for the law.
• Discharge from employment as a result of a poor behavior or inability to adjust to discipline.
• *Dishonorable discharge from the United States Military.
• Conviction of an offense for Domestic Violence Misdemeanors.
• *A Felony conviction.
• Statutory Disqualification (disqualified by law)