Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 07/01/201 8 07/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ _____________________________
1010 - Reporting of Employee Convictions 1 POLICY 1010 REPORTING OF EMPLOYEE CONVICTIONS
1010.1 PURPOSE AND SCOPE
Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform
official duties. Therefore, all employees shall be required to promptly notify the D epartment of any
past and current criminal convictions.
The Professional Standards Division Supervisor shall submit in a timely manner a notice to the
Commission on Peace Officer Standards and Training (POST) of any appointment, termination,
reinstatemen t, name change or status change regarding any peace officer, reserve peace officer,
public safety dispatcher and records supervisor employed by this department (11 CCR § 1003 ).
The Professional Standards Division Supervisor shall submit in a timely manne r a notice to POST
of a felony conviction or Government Code § 1029 reason that disqualifies any current peace
officer employed by this department or any former peace officer if this department was
responsible for the investigation (11 CCR § 1003 ).
1010.1 .1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 22.2.1
This section pertains to the following Standard Operating Procedures: N/A
1010.2 DOMESTIC VIOLENCE CONVICTIONS & RESTRAINING ORDERS
California Penal Code § 12021(c)(1 ) prohibits any person convicted of certain offenses including,
but not limited to Penal Code §§ 273.5, 273.6 and 646.9, from lawfully possessing a firearm.
Pursuant to the Federal Domestic Violence Gun Control Act (18 U.S.C. § 921(a) and 18 U.S.C. §
922(d )), any person who has been convicted of a misdemeanor domestic violence offense is
prohibited from possessing any firearm or ammunition. Because such offenses may include any
conviction involving the use or attempted use of force or threatened use of a we apon on any
individual in a domestic relationship (e.g., spouse, cohabitant, parent, child), employees shall
promptly report any and all convictions of such nature.
Federal law also prohibits firearm possession by any individual who is the subject of a do mestic
violence restraining order. While this federal restriction does not apply to temporary restraining
orders (18 U.S.C. § 922(d)(8)), California Family Code § 6389 does prohibit any individual from
lawfully possessing a firearm if they are currently th e subject of a domestic violence restraining
order (including temporary and emergency orders). As such, employees shall promptly notify the
Department if they become the subject of any temporary, emergency or permanent domestic
restraining order.
1010.3 OTHER CRIMINAL CONVICTIONS
Government Code § 1029 prohibits any person convicted of a felony from being a peace officer in
the State of California. This prohibition applies regardless of whether the guilt was established by
way of a verdict, or a guilty , or nolo contendre plea.
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 07/01/201 8 07/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ _____________________________
1010 - Reporting of Employee Convictions 2 Convictions of certain violations of the Vehicle Code and other provisions of law may also place
restrictions on an employee’s ability to fully perform the duties of the job. Moreover, while legal
restrictions may or may not be impo sed by statute or by the courts upon conviction of any criminal
offense, criminal conduct by members of this department may be inherently in conflict with law
enforcement duties and the public trust.
1010.4 REPORTING PROCEDURE
All employees of this depar tment , and all retired officers with a CCW endorsement , shall promptly
notify their immediate supervisor (or the Professional Standards Division Commander , in the case
of retired officers) in writing of any past or current criminal arrest or conviction , regardless of
whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any.
All sworn employees and all retired officers with a CCW endorsement shall further promptly notify
their immediate supervisor (or the Profession al Standards Division Commander , in the case of
retired officers) in writing if the employee becomes the subject of a domestic violence restraining
order issued by a court of competent jurisdiction.
Any employee whose criminal conviction unduly restricts or prohibits that employee from fully and
properly performing his/her duties , may be disciplined including, but not limited to , being placed
on administrative leave, reassignment , and/or termination.
Any employee failing to provide prompt written notice p ursuant to this policy shall be subject to
discipline.
1010.5 PROCEDURE FOR RELIEF
Pursuant to Penal Code §12021(c) (2), a peace officer may petition the court for permission to
carry a firearm following a conviction under state law. Federal law, however , does not provide for
any such similar judicial relief and the granting of a state court petition under Penal Code § 12021
will not relieve one of the restrictions imposed by federal law.
Therefore, relief for any employee falling under the restrictions imposed by federal law may only
be obtained by expungement of the conviction. Each employee shall seek relief from firearm