• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Never arraigned what now?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

curious0131

Junior Member
What is the name of your state (only U.S. law)? RI
Back in 2002 I was 21 and asked to go to the police station for questioning. I accused of stealing at my place of work. They told me it was bad and that it would just go away if I said I did it. I did which was obviously the wrong thing to do. I was arrested (but I didn't know that at the time). I got a lawyer who went with me to the hearing, he went to the officer I believe, and asked him for more information which I guess delayed things because we never went into court that day.

It has been almost 7 years and I have never heard a thing. There is no information on the public court records either. When I went for an insurance license about a year ago I had to obtain a backround check which is when I found out I was arrested but there is no more information on it. It just says a date embezzlement/fraudulent conversion / 0 $100.

At this point I want it gone. What can I do? I don't want to create a problem but also don't want to be limited in my careers. I have never had any other trouble with the law.
 


outonbail

Senior Member
What is it you want to go away?

You were never convicted of the crime, only arrested. The DA must have decided not to pursue the charges against you.

But the fact that you were arrested for the crime will remain on your record.

Even if the arrest were removed from every police database, it would more than likely still remain on the database of many of the private companies who charge a fee to do background checks for individuals, as well as businesses.

However, most employers ask if you've ever been convicted of a felony, not if you've ever been arrested.

Have you tried contacting the attorney who you originally retained to represent you, to see what, if anything can be done to seal the case so the arrest doesn't come up in a background search ?
 

curious0131

Junior Member
Thus far, I have been employeed at 2 institutions and nothing had never come up until I went for my insurance license. Basically the state sent me a letter saying that they were going to keep the license on hold until I notify them in writing as to what the issue was, as they saw an arrest on my record but nothing else....I decided not to continue with the license at that time due to it being optional with my job.

Now, I am a banker and have learned of the SAFE mortgage act which is a national system which gathers information of anyone originating loans. By default, everyone who takes equity applications must be registered. It looks like everyone will need to be finger printed and answer a personal history and experience questionnaire which asks very detailed questions.

I believe this may become an issue in my current job that I have been employed at for 6 years and I would like to take the steps to remove this or expunge it so that it does not show in any BCI check.

My lawyer is on vacation. The last time we spoke a little over a year ago when the previous came up he said it was risky because it could open the case back up and then give an actual record and then we couldn't expunge until after 10 years. However, I feel this is ridiculous that a mistake that I made being a young adult by admitting to something I didn't do should haunt me for this long. Shouldn't they not be able to let this stay open this long?
 

outonbail

Senior Member
If you were accused of stealing less than $100.00, there is no way the charges could be filed seven years later. Unless you were charged back then and there was a warrant issued for your arrest at that time.

Either way, I can't understand why an attorney would give you the advise you claim to have received.

However, I feel this is ridiculous that a mistake that I made being a young adult by admitting to something I didn't do should haunt me for this long. Shouldn't they not be able to let this stay open this long?
What you feel doesn't matter. Being 21 you're expected to know better. Or wouldn't you have a problem if a 21 year old employee stole money from your bank?
 

curious0131

Junior Member
It just seems wrong that there is an arrest on my BCI check but nothing else. I never was contacted to resolve this. I am not sure of the severity, it just says EMBEZZLEMENT/FRAUDLENT CONVERSION/O $1OO.

What are the chances I can have this completely removed?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top