Channel 2 Action News has learned one of the candidates in the race to be Clayton County Sheriff might not be able to serve, even if he's elected.

Former Sheriff Victor Hill is under felony indictment for 37 counts including racketeering and theft, stemming from his previous term in office. He was defeated by current Sheriff Kem Kimbrough in 2008.

"One thing about justice is the wheel turns slowly," Hill told investigative reporter Jodie Fleischer.

State law requires an elected sheriff to be certified within six months of taking office.

But Hill's law enforcement certification has been under emergency suspension, since his indictment.

Georgia's Peace Officer Standards and Training (P.O.S.T.) Council said it does not begin investigating administrative certification cases until the criminal case is finished.

"Timing is going to be everything on this one," said Georgia P.O.S.T. Council spokesman Ryan Powell.

"Once the courts are done with it, we should have all the information we need to get it resolved in probably three to six months. But that still creates a problem for him once he hits that six months in office," Powell added.

Hill's trial isn't even on the judge's calendar yet. The next pre-trial conference is scheduled for September.

"He cannot [become certified] if he's still suspended. What we would be waiting on at that point is the outcome of the indictment, and/or the outcome of the POST investigation," said Powell.

If Hill wins the election, he would take office in early January, meaning he would need to be certified by early July. Georgia's P.O.S.T. Council only meets quarterly.

"When they see the paperwork and what went on behind the scenes, it's clearly politically motivated. And the beautiful thing about it is, I'm innocent of the charges," said Hill.

Even if a jury acquits Hill, P.O.S.T. could still take action against Hill's certification.

"The two processes are completely separate," said Powell, "Ethical, lying, cheating, stealing, while a lot of that may be criminal, those type things are what we might look at."

Hill told Fleischer he believes his criminal charges, filed months after he qualified to run for sheriff, were politically motivated. He says the timing is an effort to keep him out of office even if he wins.

There is no republican candidate in the sheriff's race, so it will be decided in the July 31 primary, or a subsequent run-off if necessary.