June 25, 2020
Proposals for Systems of Records on “Wandering Officers”
Two major policing reform bills before Congress would
National Decertification Index
attempt to reform law enforcement practices, especially
NDI, a database operated by the International Association
practices that are considered to be biased against people of
of Directors of Law Enforcement Standards and Training
color. The two bills, H.R. 7120 and S. 3985, would, among
(IADLEST), contains information on police officers who
other things, require state and local governments to report
have had their certifications revoked. Forty-six states have
data on the use of force, promote the use of body-worn
laws that allow for a law enforcement officer’s license or
cameras, expand de-escalation training, and reduce racial
certification to be revoked if he or she engaged in serious
profiling. Both pieces of legislation would also attempt to
misconduct. In these states, a decertified officer is no longer
curb so-called “wandering officers” (i.e., law enforcement
allowed to work as law enforcement officer in the state
officers who are fired or res ign under threat of termination
where his or her license or certification was revoked.
but are later hired by another law enforcement agency,
often in another state).
NDI data are submitted by a state’s POST Commission or a
similar body. NDI is a “pointer system” and does not
There are a litany of stories about law enforcement officers
contain information about a specific officer or the actions
who are alleged or found to have engaged in misconduct,
leading to decertification. NDI only refers the querying
including the use of excessive force, being hired at law
agency to the agency holding the appropriate record. POST
other enforcement agencies, and it is only discovered later
Commissions can query NDI, as may law enforcement
that the officers had similar records at previous agencies.
agencies that have been granted access by the state’s POST
There is disagreement over how common the wandering
Commission. Some 375 law enforcement agencies have
officer phenomenon is and to what extent these officers
been granted direct access. All other agencies must rely on
may be a threat to the public. A 2020 study of law
the state’s POST Commission, and these commissions do
enforcement officers in Florida found the following:
not always query NDI.
There are almost 1,100 wandering officers in any given
Officer decertification standards vary by state. In some
year in Florida, and they constitute about 3% of all
states, officers can only be decertified if they are convicted
officers in the state.
of a felony, whereas in others, officers can be decertified
for misconduct that does not constitute a crime (e.g., using
Fired officers tend to take longer to find new work than
alcohol while on duty). Five states (California, Hawaii,
officers who separate from their agency voluntarily.
Massachusetts, New York, and Rhode Island) and the
Fired officers also tend to move to smaller agencies with
District of Columbia have not established the authority to
fewer resources in communities with slightly higher
decertify officers; for states that do have this authority,
proportions of residents of color.
reporting data to NDI is voluntary in most cases.
Wandering officers are more likely to be fired from their
next job or to receive a complaint for a “moral character
Legislative Proposals
violation” than both officers hired as rookies and those
Both H.R. 7120 and S. 3985 would expand law
hired as veterans who have never been fired.
enforcement’s access to records related to officer
misconduct so potential hires could be better screened, but
Recommendation of the 21st Century
neither bill would accomplish this by expanding NDI.
Policing Task Force
In 2015, President Obama’s Task Force on 21st Century
H.R. 7120, the George Floyd Justice in Policing Act, would
Policing recommended expanding the National
require the Department of Justice (DOJ) to establish a
Decertification Index (NDI) so it could serve as a national
public National Police Misconduct Registry. The registry
registry of decertified officers. The Task Force noted,
would contain records of substantiated, pending, and
“currently the criteria for reporting an action on an officer is
unfounded complaints filed against law enforcement
determined by each POST [Peace Officer Standards and
officers, disciplinary records, and termination records.
Training Commission] independently, as is the granting of
Records would have to indicate whether the complaint
read-only access to hiring departments to use as part of their
involved the use of force or racial profiling. The registry
pre-hire screening process. Expanding this system to ensure
would include records of lawsuits and settlements against
national and standardized reporting would assist in ensuring
law enforcement officers. Law enforcement agencies would
that officers who have lost their certification for misconduct
also be required to submit records demonstrating that their
are not easily hired in other jurisdictions.”
officers have completed all certification requirements for
law enforcement officers in that state. Federal law
enforcement agencies would be required to submit records
to the registry as well. For state and local governments,
https://crsreports.congress.gov
Proposals for Systems of Records on “Wandering Officers”
submitting records to the registry would be a condition for
willing to settle for more modest salaries, limited
receiving funding under the Edward Byrne Memorial
opportunities for advancement, or assignments other
Justice Assistance Grant (JAG) program. To receive this
officers do not want. These officers may also be able to
funding, they must also establish that they have a
start right away, compared to new recruits who must
certification and decertification program in place for the
complete the training academy (and the agency might have
purpose of law enforcement officer employment.
to cover this cost) and must spend some time being trained
in the field by other officers. Some law enforcement
S. 3985, the JUSTICE Act, would require each state and
agencies might also be willing to hire officers who were
local government that receives JAG funding to maintain a
fired from their last job because they assume these officers
system for sharing disciplinary records of law enforcement
may be more conscientious when offered a second chance.
officers. Each state and local government would be required
to maintain in its system, records on disciplinary actions,
Legislative Issues
internal investigations, and commendations prepared by a
Policymakers may debate a number of questions about
law enforcement agency of that government. These records
databases or systems of law enforcement officer
would have to be available for 30 years and would be
disciplinary information.
available to other law enforcement agencies for the purpose
of conducting pre-employment screenings. State and local
Access. Congress may debate who should have access to
governments would be required to query the record systems
information on such systems. Would these data be
of all law enforcement agencies that have employed a job
available to the public or would access would be limited
candidate in the past. State and local governments not
to a particular subset, such as members of the law
meeting the records requirements would be ineligible for
enforcement community?
JAG funding.
Database changes. Congress may debate whether
Both bills would address some limitations of NDI.
officers with information contained in such databases or
Currently, NDI only contains information on officers who
systems should be able to access them or submit
have been decertified; state laws vary on when officers can
additional information on their own behalf. In addition,
be decertified, if at all; states exercise this authority to
they may question how or under what circumstances
varying degrees; and states might not submit decertification
information is updated or removed.
records to NDI. These two bills would make a wider variety
of disciplinary records available to hiring agencies and
Privacy risks. Congress may question the utility of
would provide incentives for law enforcement agencies to
having certain personal information about law
submit specified records. H.R. 7120 would establish a
enforcement officers in databases that may be available
centralized system; S. 3985 would incentivize the
in whole or in part to the public. Policymakers may look
establishment of independent state and local systems.
to other national databases, such as the National Sex
Offenders Registry, for examples of federal involvement
Wandering Officers Find New Jobs
in the collection of sensitive data. They may also
A 2020 article in the Yale Law Journal on wandering
question whether there should be technology
officers discussed how law enforcement officers who are
requirements to help keep the systems safe from cyber
fired from their jobs are able to find work in other agencies.
intrusion and data breach.
The issues highlighted suggest that making more
information available about officers’ disciplinary histories
In addition to questions about the content of systems of
might not prevent wandering officers from finding new
disciplinary information, if policymakers want to address
policing jobs.
issues about wandering officers they might face the
question of providing incentives to change the way officers
In some cases, law enforcement agencies do not complete
are hired. Providing access to disciplinary records and
thorough background checks for new hires; and even if they
requiring law enforcement agencies to search these records
do, past employers might not be forthcoming with the
could address the issue of a lack of information about an
reason for an officer’s separation. In addition, law
officer’s past misconduct. Yet, this requirement does not
enforcement agencies might not report terminations or
address the issue of law enforcement agencies hiring fired
officer misconduct to their POST Commission because
officers anyway, either out of a sense of brotherhood or to
reporting to it is voluntary in most states and there are
give the officers a chance to redeem themselves. It also
different standards for what conduct is considered to be
does not address the issue of agencies that hire wandering
reportable to a POST Commission.
officers because they have no better options (e.g., they have
problems recruiting because they cannot offer competitive
In addition, state-by-state certification of officers can create
salaries or they are in an undesirable location). Congress
problems for hiring agencies because an officer can be fired
might consider whether there is a need to provide incentives
in one state, get certified in another, and then find
for states to enact laws that prevent agencies from hiring
employment with a new agency. Small law enforcement
previously fired officers, or if it should provide assistance
agencies that are understaffed and have limited budgets
to agencies with limited resources so they can cover
might not have the resources to conduct thorough
expenses related to hiring new recruits or expand the hiring
background investigations and might be more likely to hire
pool by offering higher salaries.
a wandering officer. Wandering officers might also be more
appealing hires for these agencies because they may be
Nathan James, Analyst in Crime Policy
https://crsreports.congress.gov
Proposals for Systems of Records on “Wandering Officers”
IF11585
Kristin Finklea, Specialist in Domestic Security
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https://crsreports.congress.gov | IF11585 · VERSION 1 · NEW