Do I Have A Case Here? Wrongfull Arest

[lndshark]

What is the name of your state? Idaho

Hey all. Just found this place, looking for a quick and dirty evaluation of my situation.

Long story short, arrest in summer 04 in Idaho for Domestic Violence. I poured water on my fiancee, i know, probably the dumbest thing i have ever done. Anyway, cops happen to be outside responding to another domestic situation, saw this through a small crack in the blinds. They run up guns drawn and yank me out of my apartment.

I figure, just tell the truth and youll be OK. So I tell the truth, as does my fiancee. Having a stupid arguement, i did the childish thing by throwing water on her. She got off the bed started to slap at me, i grabbed her arm to stop her. The cops ask her if she was hit, she says no cause she wasnt.

Anyway, the take me to jail for the weekend, happen to be a friday. I spent 68 hours in jail.

Go to court, prosecutor drops the case.

I have the two police reports form the offices that were there. They are both signed as being fact. The totally contradict each other. One office swears A happned, then B, then C. While the other one swears B happneed, then E happened, with no mention of B or C. They basically lied under oath, I realized later they didn't see anything and just peiced together what i had told them, and badly at that.

So fast forward to now. I am just graduating from college have a job offer from a major energy company for 70K. I talked to the HR gal today, and they have officially suspended my offer. The domestic violence arrest showed up!!!! I explained what happened, wether or not she believed me is another story. She said this was "very concerning to her and my future boss.

So now I am they think I am a wifebeating ahole. In my opinion being accused of Domestic Violence or Rape is bad, doesn't matter if your found guilty or innocent, you still have that scarlet letter on you.

This BS arrest has tarnish my reputation at my future company, and may cost me my job. I can prove the cops lied, or basically signed statments that couldnt have been true. While they may not have set out to lie like that on therir reports, i feel when you sign a document that says it is the truth, you shouldnt sign it unless you are SURE.

I am thinking about talking to a lawyer in Idaho in the near future. Do I even have a case here?

Id appreciate any input, thanks

brian

 

[seniorjudge]

What is the name of your state? Idaho

Hey all. Just found this place, looking for a quick and dirty evaluation of my situation.

Long story short, arrest in summer 04 in Idaho for Domestic Violence. I poured water on my fiancee, i know, probably the dumbest thing i have ever done. Anyway, cops happen to be outside responding to another domestic situation, saw this through a small crack in the blinds. They run up guns drawn and yank me out of my apartment.

I figure, just tell the truth and youll be OK. So I tell the truth, as does my fiancee. Having a stupid arguement, i did the childish thing by throwing water on her. She got off the bed started to slap at me, i grabbed her arm to stop her. The cops ask her if she was hit, she says no cause she wasnt.

Anyway, the take me to jail for the weekend, happen to be a friday. I spent 68 hours in jail.

Go to court, prosecutor drops the case.

I have the two police reports form the offices that were there. They are both signed as being fact. The totally contradict each other. One office swears A happned, then B, then C. While the other one swears B happneed, then E happened, with no mention of B or C. They basically lied under oath, I realized later they didn't see anything and just peiced together what i had told them, and badly at that.

So fast forward to now. I am just graduating from college have a job offer from a major energy company for 70K. I talked to the HR gal today, and they have officially suspended my offer. The domestic violence arrest showed up!!!! I explained what happened, wether or not she believed me is another story. She said this was "very concerning to her and my future boss.

So now I am they think I am a wifebeating ahole. In my opinion being accused of Domestic Violence or Rape is bad, doesn't matter if your found guilty or innocent, you still have that scarlet letter on you.

This BS arrest has tarnish my reputation at my future company, and may cost me my job. I can prove the cops lied, or basically signed statments that couldnt have been true. While they may not have set out to lie like that on therir reports, i feel when you sign a document that says it is the truth, you shouldnt sign it unless you are SURE.

I am thinking about talking to a lawyer in Idaho in the near future. Do I even have a case here?

Id appreciate any input, thanks

brian

https://forum.freeadvice.com/showthread.php?p=884061#post884061


There are thousands of posts similar to yours so I have prepared a standard answer:

Get a lawyer.

Invest $20K and three years.

Sue the bad people for defamation.

If you win, expect them to keep doing it.

If you lose, expect them to keep doing it.


Stand by for other opinions.

 

[dallas702]

Unfortunately these private squabbles have gotten waaay too much attention (the truly nonviolent ones). But, you should have gotten a good lawyer to have this sad incident expunged years ago. Now, the list of "now you can'ts" has gotten longer. Your problem started when you were born with balls. Go to the mat with the current HR person to insure them that there was no violence and that you have never had any other incident like this in your life. If you can convince them to hire you, you will be a long way to putting the whole thing in the past.

Oh, yeah**************.choose your next girlfriend more carefully.

 

[lndshark]

Were actually still together. It was just this stupid childish thing I did. But my problem is, it doesn't seem right that just because I was arrested it shows up. If i was convicted, fine, I plead guilty to, so Im guilty. But this time is so out there. And i think being a man, if you are CHARGED with rape or domestic violence, it sticks with you.

this might cost me my job now. Seems unfairi because some local cop was bored that night and had nothing better to do.

And heres the thing, Im a petroleum engineer. Everytime I apply with a diferent company, this will show up. This may show up ten years down the road and cost me a job.

You said expunged, what exactly does that mean? Is it possible to have it totally wiped away?

 

[seniorjudge]

Expungement/pardon

There are several thousand questions on this forum similar to yours. Thus, I have prepared a standard answer.

Standard answer: Expungement is generally granted for illegal arrests or unlawful convictions. Generally, pardons mean you are forgiven for the crime but it remains on your record.

Check with the governor or attorney general of your state to see how you can go about either of these procedures. Check with the Attorney General or the President for federal expungement or pardon.

You must remember that there may be private background check companies that have past offenses on their databases; those reports will never be expunged.


https://forum.freeadvice.com/showthread.php?p=848776#post848776

http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm



Stand by...others may offer more advice.

 

[Kane]

Were actually still together. It was just this stupid childish thing I did. But my problem is, it doesn't seem right that just because I was arrested it shows up. If i was convicted, fine, I plead guilty to, so Im guilty. But this time is so out there. And i think being a man, if you are CHARGED with rape or domestic violence, it sticks with you.

this might cost me my job now. Seems unfairi because some local cop was bored that night and had nothing better to do.

And heres the thing, Im a petroleum engineer. Everytime I apply with a diferent company, this will show up. This may show up ten years down the road and cost me a job.

You said expunged, what exactly does that mean? Is it possible to have it totally wiped away?

Your problem isn't with the arrest "showing up," your problem is with people assuming anyone who's ever arrested for anything is automatically guilty.

Unfortunately, it's a too-common attitude.

As far as getting an expunction, talk to a lawyer in the state where it happened. Many states have laws allowing certain kinds of arrests to be expunged. I don't know if Idaho is one of them.

 

[dallas702]

I'd go so far as to take the girl in with you to see the HR person if you think the incident is giving them any doubts about your stability. The fact that there was no conviction should make it easier to get this put in your past. A good employment attorney should be able to tell you what your legal rights are when going through the application/interview process. As you may know there are many questions that cannot be asked anymore.