Virginia Decertification Law Expanded to Include Dishonesty, Excessive Force
Until this year, Virginia police officers could only be disqualified from law enforcement for using excessive force, lying in a court case, or being untruthful during an internal investigation.
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Legislation proposed by Virginia Senator Mamie Locke and approved in March of 20201 has expanded police decertifiable offenses to include dishonesty and excessive force, resulting in more than 30 police officers being decertified in 2021, nearly 30 percent of all police who have been decertified in Virginia in 22 years, reports WAVY.com. Previously, certain types of misconduct, like using excessive force, lying in a court case, or being untruthful during an internal investigation, were fireable, but not written into Virginia law as behaviors that could strip an officer of their badge. As a result, officers with histories of ethical misconduct could resign from one Virginia police department and get hired by another with no repercussions.
Officers who are decertified can appeal the board’s decision, and if approved, get their certification back. Of the 34 officers decertified under the new law in 2021, only two have had their certification reinstated. Under the previous standards, 82 officers were decertified — or banned from policing — in Virginia between 1999 and 2020.
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