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Blog · March 3, 2015

Can a police department refuse to hire you when you have a drug case that was dismissed? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can a law enforcement agency deny you a job for having drugs on you but the case was dismissed?  I was applying to a county job for BSO and I was denied due to having admitting that I did have drugs on me (marijuana and xanax) but the case was later dismissed. What can I do?



A:   Chosen as “Best Answer” by Asker!


Locally licensed lawyer

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Best Answer
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Answered . This is not a criminal defense question; it is an employment law question. Regardless no one can tell you what a potential employer will or will not do. Florida is an “at will” employment state, meaning that, absent an employment contract, you can be hired or fired for any reason or for no reason, so long as it is not for an illegal reason (i.e. race, sex, etc). So, yes, you can NOT be hired even though your case was dismissed,

What you can do is to keep trying, and don’t start lying. Some departments will forgive honest folks who made stupid mistakes but you will NEVER get hired by any police / law enforcement agency WHEN (not “if”, because they will) find out about your past.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
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Asker
Posted about 3 hours ago.
I was completely honest, the HR asked me police reports, dispositions, and written statement. I was very transparent on what was asked and I did it. But I feel like BSO HR is convicting for a crime that I was not convicted of. First I was told that it was up to the supervisor discretion to see when I can proceed the hiring process. Now, I am told that I cannot be hired based on their procedures. I would like to know what procedures, policies and guidelines that HR is using to process applicants.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about an hour ago.
You are free to make a public records request for BSO’s hiring practices but in the end it will not matter. Under Florida law they (as is the case with any employer) are not required to hire you and can refuse to do so without having to explain themselves.

I am not an employment lawyer but I am comfortable going out on a limb and saying that you have no right to be hired by BSO or anyone else in the State of Florida. As I said earlier, the only “right” that you have when it comes to employment is not to be denied a job based on an illegal reason (i.e. race, sex, etc).

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!






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