Arrest records are kept by law inforcement agencies, and criminal charges, even if they go away, are kept by the courts.
If you are arrested and not charged the arresting agency (e.g. MPLS PD) will have a record of the arrest - the courts will not document it. City LE agencies are rarely if ever used to obtain background info in screening unless details are sought about a particular incident. This is not likely to affect you later, because with no charges a screening agency isn't likely to be aware of the arrest.
If you are arrested, charged, but not convicted, the court will still have record of the charges brought against you. However this is usually not reported to the BCA (unless you were placed on a diversion program). You can get the case sealed with an expungement (it will no longer be visible to the public) - in cases where defendant is found not guilty or charges are dismissed, an expungement is pretty much automatic, you just have to file the paperwork and pay a fee.
Where as trying for an expungement WITH a conviction is very difficult and one must prove the benefit to themseleves to have a case sealed out weighs the burden of the court to seal the records and outweighs the benefit to the public, plus it must be proven that you've been rehabilitated and are unlikely to commit a similar offense, and there are criteria for the minimum amount of time after the conviction that one can apply for expungement. And even if you win your expungement, the agencies under the umbrella of the executive branch will not seal their records, only the courts.
All,
Like many others around us, I am in a job transition mode. In others words, I am unemployed and looking for another professional job. When I find another employment opportunity it is very likely I will have to go through a "background check".
Obviously these checks will search for major things like felony's and I know some even do credit history checks as well.
My question is if I have any LE problems with this hobby could it be found in a pre-employment "background check"? Up to this point I have been able to remain sqeaky clean. In my opinion, the job market is too tough to risk it right now.
I know there are risks in this hobby but I am really concerned about this issue in the short term. Maybe I should take a break until after my "background check".
I am sure others have the same concerns as me about this. I would like to know if anybody has had any first hand experience with this.
You can PM me if you like as well.
Happy39guy
IF you do not have a previous arrest, do not worry, how are employers going to find out if it is not on any public court or police records? DO you think they have underground moles or spies trolling the lifestyle? I think not.
To alleviate any fears, just back out of the life until you are re-settled and secure, but remember the risks.
Any and every arrest for anything can show up. It depends on what company they use for screening, some may show some arrests/convictions while omitting others, some may show all of them. Different screening companies use different methods - use different government agencies to obtain their info. All criminal history is kept by the courts but an agency has to check county by county for that information, and usually they only check the counties in which you have lived for the past ten years. Most agencies will go through the BCA which keeps state wide records but some offenses might not be reported to the BCA by the courts, especially minor convictions/arrests. Law enforcement agencies, city, county and states attorneys offices also keep this info if it pertains to their juristiction but no 1 agency is likely to have ALL of your criminal history.
Ask me how I know?
I plead the FIFTH.
And you're correct, a criminal record makes it nearly impossible to get employed. If enough time has elapsed from your last offense you have the option of getting an expungment, but that will only seal the court records, the court has no juristiction over the executive branch to seal their records - in a nut shell, your past NEVER goes away, short of a pardon - don't hold your breath on that unless you're a heavy campaign contributor.
You state that every arrest can show up. Do you mean convictions? Someone can be a victim of mistaken identity and be wrongfully arrested for a crime, then have the charges dropped after the truth is revealed.
With the guy being innocent, it would suck for him if that arrest without a conviction would still show up on a background check.
Also, if a guy was arrested for hobbying, but had a very shrewd, savvy attorney that got his charges dropped on a technicality, would that arrest show up on a background check despite him not actually being convicted?
Arrest records are kept by law inforcement agencies, and criminal charges, even if they go away, are kept by the courts.
If you are arrested and not charged the arresting agency (e.g. MPLS PD) will have a record of the arrest - the courts will not document it. City LE agencies are rarely if ever used to obtain background info in screening unless details are sought about a particular incident. This is not likely to affect you later, because with no charges a screening agency isn't likely to be aware of the arrest.
If you are arrested, charged, but not convicted, the court will still have record of the charges brought against you. However this is usually not reported to the BCA (unless you were placed on a diversion program). You can get the case sealed with an expungement (it will no longer be visible to the public) - in cases where defendant is found not guilty or charges are dismissed, an expungement is pretty much automatic, you just have to file the paperwork and pay a fee.
Where as trying for an expungement WITH a conviction is very difficult and one must prove the benefit to themseleves to have a case sealed out weighs the burden of the court to seal the records and outweighs the benefit to the public, plus it must be proven that you've been rehabilitated and are unlikely to commit a similar offense, and there are criteria for the minimum amount of time after the conviction that one can apply for expungement. And even if you win your expungement, the agencies under the umbrella of the executive branch will not seal their records, only the courts.
Dear Happy Guy,
As written by previous poster, if you are clean...........well.
In regards to the Hobby, if you are seeing ladies whom you have a relationship with...and of course, both of you are happy with each other...and you know they are safe...
Then just stay with them.
At least you know they are safe and you can continue having some Fun.
If you are looking for new ladies...........well that is why there is this board plus the TER reviews as well.
If you are the Flavor of the month kind of hobbyist............this you may want to rethink.
Just use your Big Head and just be conscious and aware.
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