12 NCAC 09B .0111          Criminal history record

(a)  Consistent with and subject to the requirements of 12 NCAC 09A .0204, every law enforcement officer employed or certified in North Carolina shall not have committed or been convicted by a local, state, federal, or military court of:

(1)           a felony;

(2)           a crime for which the punishment could have been imprisonment for more than two years;

(3)           a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of certification ;

(4)           a crime or unlawful act defined as a "Class B Misdemeanor" occurring after the date of certification;

(5)           four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction;

(6)           four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of certification or

(7)           a combination of four or more Class A Misdemeanor or Class B Misdemeanor regardless of the date;

(8)           for personnel who are authorized to carry a firearm in the execution of their duties, an offense that, pursuant to 18 USC 922(g)(8), would prohibit the possession of a firearm or ammunition.

(b)  12 NCAC 09A .0103(5) defines "Commission of an offense" as a finding by the North Carolina Criminal Justice Education and Training Standards Commission or equivalent regulating body from another state that a person performed the acts necessary to satisfy the elements of a specified criminal offense.

(c)  The requirements of this Rule shall be applicable at all times during which the officer is certified by the Commission and shall also apply to all applications for certification.

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. November 1, 2015; April 1, 2009; August 1, 1998; December 1, 1987; October 1, 1985; January 1, 1985; January 1, 1983;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. October 1, 2022.