<p>One of my cousins got into trouble; he was arrested and released after being photographed/fingerprinted and spending a few hours in a police station. Fortunately, the DA didn’t press any charge. But he’s wondering if the arrest will likely have any significant impact on his future; in particular, he’s wondering if the arrest will show up in background check by employers. Does any of you know anything about this?</p>
<p>Without any charges filed there should be no record.</p>
<p>thanks! but according to [Seal</a> Criminal Arrest Record - California - Los Angeles San Diego San Francisco Orange County Sacramento](<a href=“http://www.nocriminalrecord.com/seal_arrest.html]Seal”>http://www.nocriminalrecord.com/seal_arrest.html), that’s not the case. i am aware, though, this is a commercial site. ;)</p>
<p>Well, background checks aren’t that expensive. If you really wan’t to find out just buy one. Thier generally $15 for a cheaper one.</p>
<p>I’d recomend this [background</a> check](<a href=“http://www.easybackgroundchecks.com%5Dbackground”>http://www.easybackgroundchecks.com) company, they give good results for a good price.</p>
<p>An employer does not (should not) get information on arrests when doing a background check. Only convictions. Arrests do not have to be disclosed on applications for schools or jobs.</p>
<p>Did this happen in the Commonwealth of Massachusetts by any chance?</p>
<p>BTW, employers have been known to ask about arrests on job applications.</p>
<p>I believe the question is arrested and charged. Many people are falsely arrested.</p>
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<p>What about when the question says “Have you ever been arrested?” You can’t legally say no unless the actual arrest record has been expunged in court.</p>
<p>Once you’ve been fingerprinted, your fingerprints often stay in the system, even if they aren’t supposed to do so. So, should you get in trouble in the future and get fingerprinted again, the authorities may know that you have been arrested before. Again, it should not matter, but in the real world it does, when the question is “Should we give this kid a break?” And, of course, in the I-hope-unlikely-event that your cousin commits a crime in the future and leaves fingerprints at the scene, it makes it a lot more likely he’ll get caught because the fingerprints will be checked for matches.</p>
<p>In theory, employers aren’t supposed to find out about arrests. In reality, they often do. It may no longer be the case, but in the old days, the head of just about every major bank and brokerage firm’s security department was an ex-FBI agent who called old pals for favors now and again. Plus, registered reps and bank tellers have to be fingerprinted and the prints are turned in for matches. If the prints from an arrest haven’t been expunged from the great computer in the sky, they will show up as a match. (The fingerprints taken for the job are not entered into the system.) </p>
<p>Many smaller town newspapers have a police report column. Sometimes, arrests are reported. If the newspaper is on-line, a google search can hit it. </p>
<p>It may have other ramifications. Law school applications, for example, often ask about arrests. Character and fitness committees for admission to the bar do in at least some states.</p>
<p>Your cousin shouldn’t lose any sleep over this. Obviously, most jobs don’t require that you be fingerprinted. However, if he is ever in a position where he is asked whether he has been arrested, he should consult an attorney before answering.If that’s not possible, he should refuse to answer or tell the truth. Never lie about it.</p>
<p>Employers check your credit rating and driving record these days. They want to see your physical social security card (even though it is just a piece of paper) and want you to prove you have a HS diploma (even though it may have been several decades since you graduated and you may have earned a few PhDs since). They want a copy of your birth certificate, drug tests, who knows what else… vaccination records too? Just because they ASK stupid questions, doesn’t mean you have to ANSWER them. I once saw an English application that asked for your religion and when you were last ‘vetted’.</p>
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<p>i don’t recall any question asking about arrests either on my job application but then it’s like over 5 years ago so i may just forget and i’ve been working for one employer only. any other inputs? he’s indeed losing sleep over this!</p>
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<p>can others confirm if that’s how the question usually shows up? if so, i guess he can answer no since he was “arrested but not charged” instead of “arrested and charged”.</p>
<p>I have been in HR for over 20 years and have hired many people that were required to have security clearances. Even the most rigorous background checks want to know about convictions, NOT arrests. In legal parlance, being arrested only means being “stopped”. Technically, if you have ever been pulled over by a cop, you, were arrested. And you would not be asked such a question even in the process of applying for a high level government security clearance. No worries.</p>
<p>thanks toblin! that’s why i came to parent cafe. :)</p>
<p>If all else fails and his record pops up, just say he was wrongly arrested and was let go after a few hours of questioning.</p>
<p>Thanks!
Any other thoughts?</p>
<p>I disagree with toblin’s information relative to security clearances. The well-known SF86 security form, used by the military and civilian contractors, does in fact ask you to report any arrests, charges or convictions for any offense within the past seven years (sometimes the period is extended to 10 years) as well as being charged or convicted of a felony at any time in your life. </p>
<p>See section 23 in the SF86 form, conveniently accessible here:</p>
<p><a href=“http://usmilitary.about.com/library/pdf/sf86.pdf[/url]”>http://usmilitary.about.com/library/pdf/sf86.pdf</a></p>
<p>Of course, being convicted is more serious than being arrested/charged, and being charged is more serious than simply being arrested (what with the presumption of innocence and all), but the info is requested nonetheless. I suspect they’ll consider the circumstances in deciding whether to disqualify a person from receiving a clearance. And note that some employers make your hiring contingent on passing a drug test and obtaining security clearance. </p>
<p>They understand that nobody’s perfect–even Presidents (who have the highest clearances possible) have admitted to or have been alleged to have engaged in illegal activity in their past:</p>
<p><a href=“http://www.realchange.org/bushjr.htm#cocaine[/url]”>http://www.realchange.org/bushjr.htm#cocaine</a></p>
<p>[Clinton</a> Tried Marijuanaas aStudent, He Says - International Herald Tribune](<a href=“http://www.iht.com/articles/1992/03/30/bill_1.php]Clinton”>http://www.iht.com/articles/1992/03/30/bill_1.php)</p>
<p>Not to mention National Security Advisors (Sandy Berger) who steal classified documents by stuffing them in their pants then get a slap on the wrist. Anyone who has ever had a real security clearance knows that violators can easily be fined $1 million and locked up for years and years. </p>
<p>The CEO of Enron (Ken Lay) was arrested, found guilty after a trial… but not convicted. Why? Because he died before sentencing thus the conviction was never final but rather was “extinguished”. The other day I saw a job application that said asked for convictions but went on to say that “conviction includes guilty pleas…” etc. Just because they write incorrect things on an application, does not mean you have to go along with it. Just like the trucks that have signs on them “we are not responsible for any damages…”. Sure, anyone can put up a sign. But it does NOT absolve you of legal responsibility. They are using the roads, if they cause damage I don’t care what they claim, they are responsible for it. Do not believe everything you read. If you are really arrested you will be read your rights and if you are wrongfully arrested, no charges filed or charges dropped the arrest is void. If you answer NO to the question “Have you ever been arrested?” or they try to discriminate or deny you a job or a clearance because of your answer, then sue! And you can always add an explanation to your answers as well.</p>
<p>Or releasing the name of a CIA agent (Valerie Plame). That’s a serious security violation. We’ll have to investigate that one, but not TOO hard.</p>
<p>I noticed that clicking the link to the SF86 above seems to take me to usmilitary.about.com instead of the intended link. Try copying and pasting the link shown into your browser if you’re having the same problem.</p>
<p>regarding security clearance, how prevalent is it in the job market? what kind of profession and job require that? i am a foreigner, so pardon me if my questions seem stupid.</p>