SB2 Audit Resulted in Revocation of Former Lottery Investigator’s Peace Officer Status
In October 2005, Mikkel Libarle plead no contest to a felony charge of vandalism of light poles on a bike path. In November 2006, the charge was reduced to a misdemeanor, and the prior no contest plea was set aside and subsequently expunged upon satisfying the terms of the plea reduction. Between 2012 and July 2024, Libarle served as a peace officer in both Nevada and California. In December 2014, the California Department of Justice approved his request to attend a Basic course of training and, based on his prior service as a peace officer in Nevada, granted a waiver for attendance at a peace officer academy. On December 22, 2017, former Governor Edmund G. Brown, Jr. granted Libarle a full and unconditional pardon for his 2005 conviction. In July 2019, Libarle accepted a position as an investigator for the California State Lottery.
In January 2022, California Senate Bill 2 took effect which resulted in a peace officer licensing and certification scheme and which required the California Peace Officers Standards and Training (POST) to conduct an audit of all POST-participating agencies to ensure that its peace officers met certification requirements. SB2 also amended the Government Code to eliminate eligibility for service as a peace officer of any individual who had been convicted of specified crimes including felonies which may have been set aside unless there was an accompanying determination of factual innocence. On April 25, 2024, as a result of an audit of the Lottery, POST notified Libarle of its intent to revoke his license as a peace officer based on his prior no contest felony plea. Despite Libarle’s requests to POST to reconsider its position based on the plea reduction, expungement and pardon, POST upheld the revocation and the Lottery had no choice but to non-punitively remove him from his peace officer position and demote him to a non-sworn position in the agency.
As a result of these circumstances, Libarle sought the assistance of the CSLEA Legal Defense Fund to challenge POST’s action in superior court. The Trustees of the CSLEA Legal Defense Fund heard Libarle’s request on September 13, 2024, and determined that it met the criteria for coverageunder the plan as a case of general importance and significance to participants. The Law Firm of Mastagni, Holstedt APC was assigned to represent Libarle and a petition for writ of mandate was filed against POST in Sacramento Superior Court. Joshua Olander served as lead attorney and was assisted in briefing by Amanda McCarthy. Libarle’s counsel argued that the changes to the POST regulations that took effect in January 2022 should not apply to Libarle’s no contest plea, expungement and pardon, which all occurred prior to the effective date of the legislative changes. On November 7, 2025, the matter was heard by Judge Stepehen Acquisto who ruled in favor of POST finding that the statutory amendments did not limit POST’s authority to revoke Libarle’s license.
On December 12, 2025, Libarle again sought the assistance from the CSLEA Legal Defense Fund to appeal the superior court ruling to the Third District Court of Appeal. The Trustees authorized Libarle to pursue an appeal believing the matter remains a case of general importance and significance to participants under the plan. A notice of appeal will be filed shortly and further briefing and oral argument will be scheduled by the appellate court.
