If your not convicted do you still have a record???

[gcc123]

I know this is a pretty self-expalnatory question, but I have heard some different thoughts on this question. If you have been arrested, lets say 1, or a multupile amount of times, but have never benn convicted of a misdemeanor, or a felony, do you still have a "record" or do you not.....Just curious on how this is "legally" viewed...thanks!

[Kahuna5150]

Regardless of if your arrest or convictions will show up on your criminal history (record), if you are getting a BI done on you for a law enforcement job most BI's, (at least any that do the job) will send an inquiry letter to every PD and SO in every town you've lived in. They might also send them to neighboring towns and counties if you live in a rural or small area.

As you sign a relese it will say:

To (Name of agency)

We are conducting a background investigation on (Name of applicant) for the position of (Police Officer, Dispatcher, etc). Please find attached the signed release waiver from the applicant (although it is public record anyway). Please advise us of any contact with this subject by your agency.

Their local system should provide a date and time of when you have been contacted and/or cited/arrested.

Many people get hired by departments with a drunk in public arrest behind them, but it will depend on the length of time since the arrest and the circumstances and how many times you get arrested for those type of violations. Maturity is key and if you're still partying it up with your friends and being in situations where you have to pull friends away from getting into a fight they may weigh that out and not offer you a job (not you specifically but just in general to anyone in the same situation).

Kahuna

[DelC]

Anytime you appear in court, or you're issued a citation, you will have a record for that offense. Even if the court record becomes sealed, it’s still a record.

[GPD840]

But what if you were a juvenile at the time of the offense? Will that still be on there?

[sdaoudi51]

I'm not trying to sound funny here, but if any of you watch NYPD Blue, I'm pretty sure you've heard the Detectives commonly refer to tell the crooks that they're going in the system, meaning any time you're fingerprinted, cited, it will come back. It doesn't matter if the charges were not filed, dismissed, probation, expunged, sealed, etc. I think though what you need to understand is most agencies will look at the Disposition. If you were not convicted, then you should be qualified, plain and simple. You're best bet is to go to a library which has Legal material and try to obtain the definition of conviction. For example Illinois law makes it a civil rights violation for any employer to terminate an employee or prohibit employment based on an arrest record which has been dismissed. Remember though, every agency has the right to make character determinations though. Do not take my advice to heart, as I'm not a lawyer, your best bet is to seek legal advice. Whatever you do DO NOT LIE!!!!!!!! Most private firms are only allowed to ask if one has been convicted of crimes but when it comes to LE or any other governmental or public service position the question about being arrested can and will be asked, and it is your responsibility to be honest and upfront.

[BVG819]

There are basically three different levels of databases which track arrests. The first is NCIC. Felonies and some serious misdemeanors are tracked through NCIC, and once your information is submitted, you will be assigned an FBI number. The FBI number will be used to track your arrests for the rest of your life. You must be fingerprinted to be placed in NCIC/CCH (Computerized criminal history). If you were only issued a summons and never "booked", you won't be found here. The second level is through a State database. Each state has different requirements for entry, but again, most will require you to be fingerprinted before you are entered and assigned a SID. (State I.D. number.) The last level is the local department database. Here you will find every contact you may have had with the agency, from a murder arrest to a speeding ticket.

Criminal records are notoriously incomplete. I was looking at one the other day for a guy with 17 separate arrests. This guy had two convictions, one "Not Guilty", and 14 "Disposition Not Recieved". By the way, even though he was only convicted of two offenses, how many of you think he's really not a bad guy? Arrests, regardless of the disposition NEVER look good.

I have not heard of anyone being removed from NCIC/CCH but I guess it might be possible with a court order.

[Fred]

I have a question. This summer a jerk I worked with told some coworkers he was tired of working and wanted to make some money by going after my company for discrimination. He told the police I threw keys in his face and said I would kick his ass. I was given a summons to appear( 2nd degree harrassment a violation in New York like an open container) and then offered a 6 month ACOD turned it down, they then offerd me a one month ACOD and I told them this guy wants to take legal action against my company because he is lazy and looking to make a buck. I told them I didnt do it and made them take it to trial the jerk couldnt keep his story straight and the judge dismissed it after hearing both sides.

I was never finger printed so what does my file look like. In short I was told to appear in town court for a violation I made them go to trial which from my impression seemed to be a first for the judge and prosecutor for such a small matter. The violation was dismissed and they dont have my prints. I will tell my background investigator but what would my file look like to a background investigator?


I would really appreciate any help