Question about arrest records? HELP!

[StellaBlue1975]

What is the name of your state? New York State

I was asked to come into a precinct for questioning a few months back. I was fingerprinted & all that jazz. The person making false claims against me never filled out a supporting deposition, he just made a complaint. He then a few hours later, dropped the charges. When I last spoke with the detective, he said that the case was closed.

Since I was not arraigned, I did not see a judge, the charges were dropped & I left with my keepsake photo ....

Will a background check show that I was arrested?

Help & Thanks!!

[CdwJava]

It depends on the background check and what it entails.

There is no such thing as a generic "background check". They can be as simple as reading an application to hiring investigators to dig into your entire life.

Assume that it will and you won't be surprised.

- Carl

[StellaBlue1975]

It's going to be a criminal background check.

*sigh - I just dont know if there is any record since the documents were destroyed & charges dropped before I was even officially charged.

[seniorjudge]

Originally Posted by StellaBlue1975

It's going to be a criminal background check.

*sigh - I just dont know if there is any record since the documents were destroyed & charges dropped before I was even officially charged.

How do you know that the documents were destroyed?

What documents?

But, I agree with Carl: tell a prospective employer up front and you will never have to worry.

[StellaBlue1975]

Originally Posted by seniorjudge

How do you know that the documents were destroyed?

What documents?

But, I agree with Carl: tell a prospective employer up front and you will never have to worry.

I watched the officer cut up my printed paperwork & hand me back my photos. I was told this is a "voided arrest"

I suppose that I can tell them I was wrongfully arrested & released a few hours later after they found out who really did this ****. My lawyer seems to think its ok for me to say that I was never arrested.

Thanks guys.

[seniorjudge]

Originally Posted by StellaBlue1975

I watched the officer cut up my printed paperwork & hand me back my photos. I was told this is a "voided arrest"

I suppose that I can tell them I was wrongfully arrested & released a few hours later after they found out who really did this ****. My lawyer seems to think its ok for me to say that I was never arrested.

Thanks guys.

Okay...it's your job, not mine!

[CdwJava]

Originally Posted by StellaBlue1975

It's going to be a criminal background check.

*sigh - I just dont know if there is any record since the documents were destroyed & charges dropped before I was even officially charged.

As I said, there is no such thing as a generic background check - even for criminal records. It varies by company, individual, state, etc.

Well, you can probably rely on the attorney's word ... but, you also have no right to the job. If they do a pretty in depth check and find out that you were arrested and did not disclose it, they MIGHT wonder if this was intentional deceit on your part and you could get a letter saying, "Sorry".

It's likely best to be up front, that way they can't say you are lying. But, if your attorney is certain about the situation, and you don't think anyone you know will mention that you were ever arrested, then you might want to give it a chance ... good luck with that.

- Carl

[gawm]

most companies only ask if you ever been convicted, i never heard of any asking if you ever been arrested. I suppose a government job might.

[CdwJava]

Originally Posted by gawm

most companies only ask if you ever been convicted, i never heard of any asking if you ever been arrested. I suppose a government job might.

Some states might allow it. For law enforcement or other government or security clearance jobs it is almost certainly allowed. My state does not allow private employers to ask that.

- Carl

[StellaBlue1975]

thanks for the advice & feedback everyone.

After speaking with the Detective & having him go through some files, the only thing that comes up in my name is the fact that I have been fingerprinted. Nothing wrong with that! (I have in the past for work circumstances too)

having a piece of mind is priceless

[rlrl]

New York. You can take it from me. I have a violation (non-crime) on my record in NY and i have researched this extensively. I know how this works. It would be illegal to keep your fingerprints in the criminal database if you were just printed without any arrest. NY has several criminal procedure laws that dictate that in the event of an acquittal-dismissal or an arrest ending in a violation that fingerprints have to be destroyed in NY and recalled from the FBI, and police and prosecutors records sealed. So if you are printed for a job with any NY state govt agency you would not have any record of arrest.

Exceptions to this would be if you were going for a job where you were licensed to carry a firearm(policeofficer)--then any sealed information would be uncovered by the police who have the legal right to see sealed information.

But it doesn't even sound like you were arrested in this case--just investigated briefly. I don't think your printing would even show up on a police check.

It's also illegal in NY to ask if you were ever arrested. You can be asked about convictions however. the only parties who can legally ask about arrests are the police. it says so in the criminal procedure laws articles 160.

hope this helps

RLRL