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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 01-29-2013, 12:24 AM   #16
Cpalmson
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Personally, I think it is bullshit for an arrest record to come up on a background check. Arrest means absolutely nothing in terms of legal standing. The arresting cop may have been a jerk and arrested someone for looking at them funny. The only thing that should come up in any type of check is a conviction. In this country there is a presumption of innocence. It is nobodies damn business to know if someone got arrested, and it for damn sure is not a reason to deny someone a job, a loan, or anything else.
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Old 01-29-2013, 06:39 AM   #17
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Default A bit more information-----

This response is a bit off from the original OP, but Cpalmson brings up a good point.

There are some states that prohibit/limit the use of checking/pulling an "arrest" record for employment and housing purposes. The permissible uses are usually jobs that require the handling of money, driving and, most recently, working with children and the elderly.

The problem arises for a job-applicant, when an employer asks for the arrest record (whether out of ignorance or they do it on purpose regardless for the state prohibition.) Of course, you will lose out on a potential job if you leave this section blank on an application, whether it is allowed on the Employment form or not.

Your state Department of Labor or some such department could give you the exact position on this subject in that state. If you are job hunting, you might check into this.

I have not filled out a federal employment app in many, many years, so I can not comment on the depth of it's background check.


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Originally Posted by Cpalmson View Post
Personally, I think it is bullshit for an arrest record to come up on a background check. Arrest means absolutely nothing in terms of legal standing. The arresting cop may have been a jerk and arrested someone for looking at them funny. The only thing that should come up in any type of check is a conviction. In this country there is a presumption of innocence. It is nobodies damn business to know if someone got arrested, and it for damn sure is not a reason to deny someone a job, a loan, or anything else.
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Old 01-29-2013, 08:35 AM   #18
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Most checks show a charge (alledged offense) and disposition (result of case).
Read the application or whatever you are filling out, some ask for convictions, some ask for arrests, and some ask for Class B charges or higher. I don't recall where the OP is from, but in TX a class C is the equal to a ticket, fine only, no jail time.
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Old 01-29-2013, 09:02 AM   #19
ck1942
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If an employee is found to have lied on an employment application that fact may be used in most states as a cause for discharge. In an at-will employment state such as Texas, the employer doesn't even need the "lie" but using the lie as justification for discharge is very convenient regardless of any other job performance issues.
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Old 01-30-2013, 10:08 AM   #20
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Quote:
Originally Posted by lover_361 View Post
Most checks show a charge (alledged offense) and disposition (result of case).
Read the application or whatever you are filling out, some ask for convictions, some ask for arrests, and some ask for Class B charges or higher. I don't recall where the OP is from, but in TX a class C is the equal to a ticket, fine only, no jail time.
My best guess is that the offense was something like Public Intoxication or Minor in Possession. Most people don't care about traffic tickets being expunged.
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