# arrest no conviction



## mrc (Aug 23, 2012)

I've been arrested but I have not been convicted. Must I worry about background checks.


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## Jambi (Aug 23, 2012)

If you were arrested, then you've been charged with a crime.  Odd are the place  you're applying to will want to know of you've every been charged or convicted of a crime.


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## nocoderob (Aug 23, 2012)

An arrest may or may not show up depending on how in depth the background is. There is a record of your arrest, however.


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## nocoderob (Aug 23, 2012)

Jambi said:


> *If you were arrested, then you've been charged with a crime.*  Odd are the place  you're applying to will want to know of you've every been charged or convicted of a crime.



Not necessarily. You can be arrested, investigated, then released with no charges. LE arrests then gives recommendations on charges to a DA which then charges you officially with the crime.

To the OP, not convicted or not charged? Big difference. To say you "have not been convicted" sounds like a charge is pending. Only a lawyer could offer sound advice on the matter.


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## Schroeder (Aug 23, 2012)

As far as I know, my area only cares about convictions. Being in the wrong place at the wrong time is not a crime. Innocent until proven guilty right?


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## mycrofft (Aug 23, 2012)

Hahahahahahahahaahahahahahahahhhahahhhahhahaaaaaaaaaa.......:rofl:


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## shiroun (Aug 23, 2012)

Schroeder said:


> As far as I know, my area only cares about convictions. Being in the wrong place at the wrong time is not a crime. Innocent until proven guilty right?



x2.

I was arrested in a store where the backroom had a major drug deal going on, and I had no idea. Everyone in the store was arrested on the spot, brought down to PD. I wasn't charged, and definitely not convincted. It just depends why you were arrested.


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## Medic Tim (Aug 23, 2012)

shiroun said:


> x2.
> 
> I was arrested in a store where the backroom had a major drug deal going on, and I had no idea. Everyone in the store was arrested on the spot, brought down to PD. I wasn't charged, and definitely not convincted. It just depends why you were arrested.



were you arrested or detained?

I have seen apps ask for convictions, pending cases or if you were ever arrested or accused of drugs, violent crimes, identity theft, etc, with space to explain.


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## shiroun (Aug 23, 2012)

Medic Tim said:


> were you arrested or detained?
> 
> I have seen apps ask for convictions, pending cases or if you were ever arrested or accused of drugs, violent crimes, identity theft, etc, with space to explain.



Whoops, good point. It was detaining. Never had my rights read.


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## mrc (Aug 23, 2012)

these charges are still against me. im hearing its getting dropped. allegation way to wild plus difficult to prove as well as no history of crime for me. Im going through the process in which its going down in level. I was facing a felony. But if my arrest shows up what happens. Because I'm still putting job hunting on hold


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## Jambi (Aug 23, 2012)

nocoderob said:


> Not necessarily. You can be arrested, investigated, then released with no charges. LE arrests then gives recommendations on charges to a DA which then charges you officially with the crime.
> 
> To the OP, not convicted or not charged? Big difference. To say you "have not been convicted" sounds like a charge is pending. Only a lawyer could offer sound advice on the matter.



My bad.  I should have written, "If you've been charged or convicted with a crime," then, at least on all the apps I've seen, the employer wants to know.  The last background I did they wanted to know everything, including expungements.


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## NYMedic828 (Aug 23, 2012)

What was your crime...


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## Veneficus (Aug 23, 2012)

Jambi said:


> My bad.  I should have written, "If you've been charged or convicted with a crime," then, at least on all the apps I've seen, the employer wants to know.  The last background I did they wanted to know everything, including expungements.



I find that interesting, if there is an expungement or a record was sealed, they should not be able to verify if you tell them "no" unless you are applying for a security clearance.


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## Jambi (Aug 23, 2012)

Veneficus said:


> I find that interesting, if there is an expungement or a record was sealed, they should not be able to verify if you tell them "no" unless you are applying for a security clearance.



It's the most invasive (detailed) background I've done.  It's not for a gov security clearance, but I have access to the entire casino.

Hair drug test
7 year employment hx
10 year housing hx
credit check
FBI and DOJ backgrounds - They want to know tickets, arrests, charges, charges dropped, convictions.  The expungements come up, and when they do, they want to know what it was for.  You don't have to answer, but you get no job.

names for family, parents, siblings, spouses, children, and and socials for the last 2.  References (that they actually check), etc

I only put up with it because of the money.  The job is easy and I make 50% more than the average medic in the county.  I just work part time in the field now to stay sharp. :beerchug:


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## Veneficus (Aug 23, 2012)

Jambi said:


> It's the most invasive (detailed) background I've done.  It's not for a gov security clearance, but I have access to the entire casino.
> 
> Hair drug test
> 7 year employment hx
> ...



But how do they check to see if you have an expungement?

In my home state, an expungement even seals an arrest record.


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## Jambi (Aug 23, 2012)

The background produces a record showing an expungement.

Because they can find records of expungement, I wonder if it's because the Tribe is a sovereign entity and can access deeper than other institutions.

What I do know is that people that we've tried to hire as EMTs here have been denied jobs because they failed to disclose an expunged record. :unsure:

I guess some of it may just be FUD, but the above has happened.


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## nocoderob (Aug 23, 2012)

Veneficus said:


> But how do they check to see if you have an expungement?
> 
> *In my home state, an expungement even seals an arrest record*.



I would think as long as there is a record of it somewhere, it could be found. It may be hard to found out the details but, the record exists. There is no hiding from Big Brother


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## bigbaldguy (Aug 23, 2012)

One of our former presidents had a criminal charge expunged and they found it. All it takes is one piece of paper that someone forgot to shred. In theory though Vene is right an expunged item should not show up anywhere. All records are supposed to be destroyed.

Sorry I should qualify that with, here in Texas.


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## leoemt (Aug 23, 2012)

Jambi said:


> If you were arrested, then you've been charged with a crime.  Odd are the place  you're applying to will want to know of you've every been charged or convicted of a crime.




Uh not true. An arrest is NOT a charge. You are arrested based on evidence / facts at the time. It is up to the DA to review the officers report, the evidence / facts the officer presents and then determine if charges are warranted. DA's not Officers charge suspects.  Once arrested the DA has 72 hours to charge you or release you.

When I owned my Private Investigation business I did pre-employment background checks for clients (I still do this on the side for a couple of clients). It is AGAINST Federal Law for an employer to deny you employment based SOLELY on your criminal record. 

There are a couple of expectations to the law, one of which being healthcare. Due to the level of trust placed on us, we can be denied employment based on background. 

In my cop days, I arrested a lot of people who were never charged for whatever reason (were not usually privy to that information). As long as you're honest on your application, the arrest wasn't recent, and is for a minor charge then you MIGHT be fine. 

Crimes of violence, sexual crimes, etc are likely going to get you denied. 

Your state EMS board would be able to provide you more detailed information


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## Jambi (Aug 23, 2012)

leoemt said:


> Uh not true. An arrest is NOT a charge. You are arrested based on evidence / facts at the time. It is up to the DA to review the officers report, the evidence / facts the officer presents and then determine if charges are warranted. DA's not Officers charge suspects.  Once arrested the DA has 72 hours to charge you or release you.
> 
> When I owned my Private Investigation business I did pre-employment background checks for clients (I still do this on the side for a couple of clients). It is AGAINST Federal Law for an employer to deny you employment based SOLELY on your criminal record.
> 
> There are a couple of expectations to the law, one of which being healthcare. Due to the level of trust placed on us, we can be denied employment based on background.



I cleared up my mistype earlier.

As far as getting DQ'd on back ground, well perhaps one of those exceptions allows for casinos/financial institution? Perhaps there's a title 31 stipulation (money laudering and other junk), or maybe there's a waiver/form/whatever legalese thing that gets signed. Im not sure, and it's not my thing. Meh...


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## ffemt8978 (Aug 23, 2012)

shiroun said:


> Whoops, good point. It was detaining. Never had my rights read.



And you're not required to have your rights read to you until you see the judge, or if the officer plans on doing a custodial interrogation.  If the officer doesn't intend on questioning you, he does not need to read you your rights.


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## mrc (Aug 24, 2012)

So even if I clear my name in court I'm still screwed? I guess I should just move away and change careers.


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## Sandog (Aug 24, 2012)

One is innocent until proven guilty. Arrest does not imply guilt. Sometimes one is falsely arrested (Yes LEO sometimes make a mistake). Many states forbid employers from inquiring about arrest that did not lead to conviction. Check your state laws.


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## DigDugDude (Aug 25, 2012)

*What was the charge?*

if its drug or theft related i would possibly consider another field. Like others have said even if expunged doesnt mean it cant be researched and in EMS there is ZERO tolerance for drug or theft charges.


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## mrc (Aug 29, 2012)

def not drug or theft


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## Handsome Robb (Aug 29, 2012)

DigDugDude said:


> if its drug or theft related i would possibly consider another field. Like others have said even if expunged doesnt mean it cant be researched and in EMS there is ZERO tolerance for drug or theft charges.



Not true. 

I had a bad year right after HS where I got myself into a *lot* of trouble. I wont post details since it is a public forum but I can tell you that agencies are worried about convictions more than charges. If a charge is dropped you have been found not guilty by our legal system and therefore cannot have that held against you. 

I'm sure it varies from agency to agency but I went through a very vigorous background check and drug testing as part of my pre-employment screening. 

I'm gainfully employed as a FT Paramedic with a 911 agency.


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## Handsome Robb (Aug 29, 2012)

mrc said:


> So even if I clear my name in court I'm still screwed? I guess I should just move away and change careers.



No. 

Take care of your charges. If they are dropped you are fine. I have charges on my record, albeit small ones (the big one that would DQ me from working in this field was dropped) and I still have a job. 

Hang in there man. 

People make mistakes, it's part of life, it's how you handle what happens after those mistakes and the changes you make that are really important. If you met me now you'd have no idea I was a total :censored::censored::censored::censored:head 4 years ago.


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## lateralligator (Aug 29, 2012)

I was charged with a crime back in 2008. The charge was dropped and I petitioned to have my record sealed, which it was. Recently, I underwent a background check for a volunteer position working with survivors of domestic violence and sexual assault. Nothing came up at all. I even saw the piece of paper that said "Nothing found." Having my record sealed was a good move.

Sh*t happens. As NVRob says, hang in there. Face what you have to face and keep on keepin' on.


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## zmedic (Aug 29, 2012)

Most places I've applied have asked something along the lines of "have you ever been arrested for charges related to endangering/abuse of a child, or crimes related to performance of duties in medicine or EMS? Have you ever been convicted of a crime? Are you currently facing charges?"

So they didn't seem to care about charges that were dropped as long as they didn't relate to children or healthcare.


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## Sandog (Aug 29, 2012)

zmedic said:


> Most places I've applied have asked something along the lines of "have you ever been arrested for charges related to endangering/abuse of a child, or crimes related to performance of duties in medicine or EMS? Have you ever been convicted of a crime? Are you currently facing charges?"
> 
> So they didn't seem to care about charges that were dropped as long as they didn't relate to children or healthcare.



To reiterate what I stated before. Arrest does not imply guilt and it is not permitted to be asked in many states. New York included.



> *What should I do if a potential employer asks about my arrest record on a job
> application or in an interview?*
> The answer to this question depends on where you live. In some states, it is illegal for potential
> employers to ask about or consider arrests that did not lead to convictions. As of January 2005, the
> ...



Copied from http://www.caepv.org/membercenter/f...minal Records or Arrests (Legal Momentum).pdf in accordance with the fair use law.


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## lateralligator (Aug 29, 2012)

On the app for the Citizen's Police Academy they ask if you've ever been arrested.

It's Ohio. I guess it's different because it's not an employer...It's the Police. (??)


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## Sandog (Aug 29, 2012)

lateralligator said:


> On the app for the Citizen's Police Academy they ask if you've ever been arrested.
> 
> It's Ohio. I guess it's different because it's not an employer...It's the Police. (??)



I think law enforcement have a different set of guidelines. Not sure, but I think so.


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