[BRYANQUEEN]

I was arrested about 5 years ago for possession. I got my fingerprints taken, but never went to court and never received a letter from the court. The judge basically tossed out the case due to lack of evidence I assume. Is it on my record? If so, will the information be available to employeers who do background checks? Thanks in advance for all the help!

[Clough]

Were you a juvenile at the time of the offense? If you were an adult, the arrest should be on some kind of record. And, if there was no conviction, that should be on record also.

But, some of it depends on your age at the time of the offense and the laws of your state. Juvenile record keeping varies from state to state.

The easiest way to find out for no charge that it is on record or not is to go to the courthouse of the county where you were arrested, if it is nearby, and see if it is on record. If it is on record, then it is available for public inspection. That's how the news reporters find out things.

[BRYANQUEEN]

I was 20 when it occurred. I never went to court or anything. I have been stopped for a few speeding tickets over the past 5 years and the officers have never said anything. I am 100% positive that there was no conviction as I did not go to court or here anything about it to the day

[Clough]

Thank you for your answer.

I would still go the courthouse and see what, if anything is on record. Maybe the information is available online. More and more counties in the U.S. are posting things online through third-party online services. One of them is called Judici.

Online are speeding tickets, divorces, restraining orders, etc. Unfortunately, even records of dismissals of cases are posted.

Don't mean to alarm you, but it is true.

Some of the information that is online is frequently incorrect, such as birthdates, requirements specified by the courts, etc. What is online is only a docket listing.

Most people who I tell about the records being online are not aware of them. And, why should they be? They aren't interested in knowing the records of their friends.

So, the best way to find out about your records if that arrest record ever comes up as an issue, is to go to the courthouse and get a copy of your file.

[excon]

Hello Bryan:

Arrest records aren't available in background checks.

excon

[Fr_Chuck]

As excon stated, arrest records are not available to the public, it will show up for the police to see, but it would show arrested then if the case was dismissed, or probation, or sentence and the such.

Only a conviction would show up for the public to see.

And of course you will have finger prints on file with the FBI

So if you were never convicted, nothing will show up unless you are applying to go to work at a police department

[Clough]

Dear Bryan,

I don't know what state or the county in which you live. It doesn't matter if I do. But, it might for you because in some states arrest records ARE available for anyone to see free of charge even if that charge has been dismissed. As are also any other small or large offenses. Below are some examples from the states of Iowa and Illinois.

All names and case identifying information has been altered by me. All of these are also recent cases. All one has to do is go to a couple of sites that list pretty much everything someone has done to see for themselves what is available.

List of Available Courts

Iowa Courts Online Search - Select Action

It could be that the record of your arrest is not available at the courthouse or online. I don't know. But, I'm sure that you want to find this out for your peace of mind.

Some states allow employers to discriminate against hiring someone only on the basis of whether they were convicted or not. Not just simply arrested for something. It depends on the laws in your state, or the state where you are applying for a job. I don't know where anywhere a potential employer might be able to discriminate on the basis of an arrest. There could be somplace, though. Again, it depends on the laws in the state where you live or are applying for a job.

If you do a Google search for county court records, county case records or county case search, you will find many sites that provide a variety of information. These are for cases prosecuted at the state level, not for federal cases.

Here are some examples of cases that were obtained free of charge. The format of them is messed up because I copied and pasted the whole frames. Again, all identifying information has been altered by me.

I wish you well!

Please note the following words: arrest, warrant, in custody, posses drug paraphernalia, dismiss, dismissed, POSSESSION OF A CONTROLLED SUBSTANCE (SRMS).

Date Entry Judge

4/19/2005 BAIL BOND FOR APPEARANCE OF DEFENDANT FILED.$2,000.00 10% BOND POSTED UNASSIGNED
04/18/2005 Demand for speedy trial t/w prf. Of service filed. UNASSIGNED
04/16/2005 Defendant appears in court and in custody for 1st Appearance. Advised of charges, rights and penalties. Preliminary Hearing is set for 4-26-05 @ 8:30 am. Public Defender is appointed. Initial appearance ordered. (SO). Defendant admonished in open court, May be tried in absentia. Defendant is remanded on 20,000.00 bond. Mittimus issued, copy filed. Notice of appointment of Public Defender issued, copy filed. Arrest warrant returned and filed. SHERIFFS FEES 47.34************ CMP
04/11/2005 Heist appears, PC found. Bond set at $20,000.00. Arrest warrant issued, copy filed. Order for Condition of Bond entered and
Filed. - copies sent LRL
04/11/2005 Information filed on 4/11/2005 UNASSIGNED

2004CM99999 Arthur Nobody
Name No. Qualifier Desc Type Date Plea Status
Count 1 Ticket Number 418745
Charge 1 None POSSESS DRUG PARAPHERNALIA Original Not Guilty Class A Misdemeanor
Disposition 1 208 - Dismiss 08/12/2005

2004TR999999 John Anybody
Name No. Qualifier Desc Type Date Plea Status
Count 1 Ticket Number 143026
Charge 1 IMPROPER USE REGIS/TITLE Original Class C Misdemeanor
Disposition 1 209 - Dismiss/State Motion 07/14/2004

2007TR999999 Susie Anybody
Name No. Qualifier Desc Type Date Plea Status
Count 1 Ticket Number 178107
Charge 1 None REGIS EXPIRATION/1ST & 2ND Original Not Guilty Class P Other
Disposition 1 208 - Dismiss 02/08/2007

2007TR999999 John A. Doe
Name No. Qualifier Desc Type Date Plea Status
Count 1 Ticket Number 81739
Charge 1 None DRIVING 15-20 MPH ABOVE LIMIT Original Guilty Class P Other
Disposition 1 101 - Guilty 03/14/2007
Sentence 1 301 - Fine 03/14/2007 In Force

Count 01 Charge
Charge:
124.401(1)(d)-F Description: CONTROLLED SUBSTANCE VIOL. (FELD)
Offense Date: 11/04/2001 Arrest Date: Against Type:
Adjudication
Charge:
124.401(5) Description: POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)
Adj.:
DNU-GUILTY Adj.Date: 12/06/2001
Adj.Judge:
SMITH, JOHN
Comments:
Sentence

Charge:
124.401(5) Description: POSSESSION OF A CONTROLLED SUBSTANCE (SRMS)
Sentence Date:
12/06/2001 Sentence: JAIL
Appeal:
Sen.Judge: SMITH, JOHN
Facility Type:
Attorney: N
Restitution:
N Drug: N Extradition: N
Lic.Revoked:
N DDS: N Batterer: N
Fine Amount:
Duration: 120 Day(s)
Comment:

Charge:
124.401(1)(d)-A Description: CONTROLLED SUBSTANCE VIOL. (AGMS)
Offense Date: 04/21/2000 Arrest Date: Against Type:
Adjudication
Charge:
124.401(1)(d)-A Description: CONTROLLED SUBSTANCE VIOL. (AGMS)
Adj.:
DNU-DISMISSED Adj.Date: 11/30/2000
Adj.Judge:
SMITH, JOHN
Comments:
Sentence

Charge:
124.401(1)(d)-A Description: CONTROLLED SUBSTANCE VIOL. (AGMS)
Sentence Date:
11/30/2000 Sentence: DISMISSED
Appeal:
Sen.Judge: SMITH, JOHN
Facility Type:
Attorney: N
Restitution:
N Drug: N Extradition: N
Lic.Revoked:
N DDS: N Batterer: N
Fine Amount:
Duration:
Comment:

[BRYANQUEEN]

Ok just to be sure, arrest records are not available to the public(employeers who would do background checks?
Once again, I was arrested,(basically guilty by assoication) they took me in, got my fingerprints, told me id get a letter in mail, I never received anything and that was it. No warrants out for my arrest or anything and I NEVER went to court
"greenie" hahah, howd you know?

Im not even sure it even got to the "dismissed" stage as I work in insurance, not criminal justice.


By the way the county is maricopa, Arizona

[BRYANQUEEN]

?? I'm confused as to what you are saying

[excon]

Hello again, BRYAN:

I'm saying that once your information is out in the world, it's out there, and there's no guarantee that somebody won't get it.

As we have said, your arrest record is not available to the public. It IS available to the police. Don't you think there are one or two crooked cops out there who work for background search agencies, who are going to access the police database and give the information to their employer??

I sure think there is. As a matter of fact, I think there's far more than one or two.

excon

[BRYANQUEEN]

You have a good point, but if it's a reputable source (non crooked officers) it will not come up. Also, let's say they DO bring up the record; can't I bring up a point stating that those records are not available and they were obtained illegally and fraudulently?

[excon]

Hello again,

Sure. But they don't care about the records. They care about what the records say, and you won't get the job.

excon

[BRYANQUEEN]

You are contradicitng yourself by stating I will not get the job. Previously you stated those "records" could not be used, know you are saying they are "out there" and if a "crooked cop" pulls them they will be available.
From your previous post, arrest records are not valid, basically one is innocient until proven guilty. So how can/would arrest records affect a job(im not talking about working for security of any type of law enforcement).

I would also bring up the point that basically I never went to court(these so called records would say so). Because I NEVER went to court for the charge 5 years ago. They had NO evidence, because there was none

Just because someone is arrested does NOT mean they have done anything wrong

[excon]

Hello again, BRYAN:

In the legal world, precise use of language is important. I choose my words carefully. Please go back and read them. I didn't say you would get the job. I did not say the records could not be used. I did not say the records are not valid.

What I did say, was the records were not available. That's according to the law. However, in the real world, the law isn't always obeyed, as you well know.

An employer wants to know if you've been arrested. He hires the top cop in the city to do the search. The cop breaks the law and gives the employer your arrest record.

We're not talking about a court of law, here. We're talking about an employer deciding on whom to hire. You don't have to be guilty before he decides not to hire you. He doesn't care if there wasn't any evidence. He doesn't care if you're innocent. He doesn't care how old the charge is. He doesn't care that you never went to court.

All he cares about is that you've been arrested, and he probably won't hire you because of it.

excon

PS> You don't have to convice me. I'd hire you in a heartbeat.

[BRYANQUEEN]

I understand; so basically if a cop does the check, they more than likely get the info. If it's a normal background check, the info will probably not be available to employers?