Disqualifications

 Traffic and Criminal Records

1. Conduct Resulting in Automatic Disqualification

Any applicant who meets the following criteria shall be disqualified and removed from the application process:

· Any applicant prohibited by state or federal law from operating a motor vehicle will be disqualified and removed from the application process.

· Any applicant having been convicted or having received a deferred sentence two or more times for DUI, DWI, or DUI (Drugs) will be disqualified and removed from the application process.

· Any applicant having been convicted or having received a deferred sentence of one DUI, DWI, or DUI (Drugs) within the three years of January 1 of the application year will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further charges or convictions for DUI, DWI, or DUI (Drugs).

· Any applicant having been convicted of three or more traffic violations or one conviction of failing to maintain financial responsibility within one year of January 1 of the application year will be disqualified and removed from the application process.

· Any applicant having been convicted of six or more traffic violations within two years of January 1 of the application year will be disqualified and removed from the application process.

· Any applicant whose driver license has been suspended or revoked within the last three years will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further driver license suspensions or revocations.

· Any applicant having been or currently on court-ordered supervision or probation or pending a deferred sentence for any felony or misdemeanor offense will be disqualified and removed from the application process. Any applicant disqualified by this provision based on a misdemeanor may re-apply after having satisfied  the terms of the agreement.

· Any applicant having been convicted of any felony will be disqualified and removed from the application process.

· Any applicant having been convicted of any crime involving domestic violence will be disqualified and removed from the application process.

· Any applicant who the Department determines, subject to its sole discretion, has committed any detected or undetected crime of a serious or aggravated nature will be disqualified and removed from the application process. Such crimes may include, but are not limited to, murder, manslaughter, robbery, kidnapping, rape or any other sex crime, sexual assault, lewd or indecent proposals or acts to a child, incest, and/or crimes against nature.

· Any applicant who the Department determines, subject to its sole discretion, has committed any detected or undetected serious crime as an adult, which constitutes a felony, domestic violence, a misdemeanor involving moral turpitude, repeated misdemeanor offenses, or a crime involving violence, that occurred within 10 years prior to the submission of the application will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time, and the Department will, subject to the Department’s sole discretion, evaluate the applicant’s suitability on a case-by-case basis.

· Any applicant having committed theft(s) while in a position of trust or who the Department, subject to its sole discretion, concludes has an established pattern of theft(s) will be disqualified and removed from the application process.

· Any applicant currently under criminal investigation or against whom criminal charges are pending will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after the applicant is no longer subject to this disqualifier, and the Department will, subject to the Department’s sole discretion, evaluate the applicant’s suitability on a case-by-case basis.

· Any applicant who the Department, subject to its sole discretion, concludes has committed sufficient criminal activities to establish a pattern of disregard for the law will be disqualified and removed from the application process.

Any applicant who meets the following criteria may, subject to the Department’s sole discretion, be disqualified and removed from the application process:

· Any applicant who the Department, subject to its sole discretion, concludes has other indications or criminal history will be evaluated on a case-by-case basis.

Illegal Drug Usage

Any applicant who meets the following criteria shall be disqualified and removed from the application process:

•   Any applicant having illegally used a controlled dangerous substance (as defined by the Oklahoma Uniform Controlled Dangerous Substances Act, 63 O.S. Chapt. 2, Art. 2 or the Federal Controlled Substances Act, 21 U.S.C. § 812), except for marijuana which is addressed separately below, at all within three years of January 1 of the application year shall be disqualified and removed from the application process. Examples of illegal use of a controlled dangerous substance include, but are not limited to, use of anabolic steroids, methamphetamines, heroin, phencyclidine (PCP), LSD, cocaine, crack cocaine, ecstasy, Rohypnol, or a pharmaceutical controlled dangerous substance that was either not prescribed to the applicant or was prescribed to the applicant but was not used by the applicant for its intended purpose. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further illegal use of a controlled dangerous substance.
• Any applicant having illegally used a synthetic controlled substance (as defined by 63 O.S. § 2-101) at all within three years of January 1 of the application year shall be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further illegal use of a synthetic controlled substance.
• Any applicant having illegally used an inhalant in violation of 63 O.S. § 465.20 at all within three years of January 1 of the application year shall be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further illegal use of an inhalant.
• Any applicant having used marijuana (including any synthetics, waxes or oils) within one year of January 1 of the application year will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further use of marijuana (including any synthetics, waxes or oils).
• Any applicant who the Department, subject to its sole discretion, concludes has an established pattern of selling, manufacturing, distributing, or cultivating illegal drugs, including marijuana, will be disqualified and removed from the application process.
• Any applicant who has illegally used a controlled dangerous substance other than marijuana (no matter how many times or how long ago) while in a law enforcement position, prosecutorial position, or in a position which carries a high level of responsibility or public trust will be disqualified and removed from the application process.

Any applicant who meets the following criteria may, subject to the Department’s sole discretion, be disqualified and removed from the application process:

• For prior illegal use of a controlled dangerous substance (including marijuana) which predates the automatic disqualification periods set forth above, the Department will, subject to the Department’s sole discretion, evaluate an applicant’s suitability on a case-by-case basis. The Department will take into consideration how and from whom the drug was obtained; the pattern and timing of prior usage; the intended purpose for the use; the type of drug; and any other factors the Department deems relevant to its evaluation.
• Any applicant who the Department, subject to its sole discretion, concludes has abused or misused any other substance as an illicit intoxicant will be evaluated on a case-by-case basis.
• Any applicant who has illegally used marijuana while in a law enforcement position, prosecutorial position, or in a position which carries a high level of responsibility or public trust will be evaluated on a case-by-case basis.
• Any applicant who resides with a person who illegally uses controlled dangerous substances (including marijuana), synthetic controlled substances, or other illegal drugs, or who sells, manufactures, distributes, or cultivates illegal drugs, including marijuana, will be evaluated on a case-by-case basis.

Other Disqualifiers

 Applicants must be of good moral character and habits. An investigation will be made regarding character, habits, previous employment, or other matters necessary to satisfactorily establish good moral character, habits, honesty, truth, and veracity. Credit history and financial condition of the applicant will be reviewed. Credit history will not be a sole basis for disqualification.

Any applicant who meets the following criteria shall be disqualified and removed from the application process:

· Any applicant who is not a citizen of the United States will be disqualified and removed from the application process.

· Any applicant who the Department concludes, subject to its sole discretion, is not of good moral character will be disqualified and removed from the application process.

· Any applicant who has been involved with seditious movements, terrorist activities, or any efforts to violently overthrow the state or federal government will be disqualified and removed from the application process.

· Any applicant who is prohibited by state or federal law from possessing firearms or ammunition will be disqualified and removed from the application process.

· Any applicant who, within the last two years, has been more than 90 days delinquent in child support payments, as determined by a court or the Oklahoma Office of Attorney General, or confirmed by the Department’s investigation, will be disqualified and removed from the application process. Any applicant disqualified by this provision may re-apply after sufficient passage of time with no further delinquencies.

· Any applicant who the Department, subject to its sole discretion, concludes committed a willful misrepresentation, omission, or falsification on any of the application forms or submissions or during the applicant’s interview, background check, polygraph, or during any other phase of the selection process, will be disqualified and removed from the application process. Subject to the Department’s sole discretion, the applicant may be disqualified from re-applying in the future.

· Any applicant residing with (1) a person who has been convicted of any felony or (2) a person who has been previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, will be disqualified and removed from the application process. (Ref. 21 O.S. § 1283.) Any applicant disqualified by this provision may re-apply when the applicant no longer resides with that individual.

Any applicant who meets the following criteria may, subject to the Department’s sole discretion, be disqualified and removed from the application process:

· Any applicant who the Department, subject to its sole discretion, concludes committed a misrepresentation or omission of any material fact on any of the application forms or submissions or during the applicant’s interview, background check, polygraph, or during any other phase of the selection process may, subject to the Department’s sole discretion, be disqualified and removed from the application process.

· Any applicant who has received disciplinary action in prior employment, the military, or educational institutions will be evaluated on a case-by-case basis. Any applicant disqualified by this provision may re-apply no sooner than one year of the date the applicant was notified of the disqualification.