Background Help!!!

[22]

Lets say that one was arrested for a minor misdemeanor and when court came, the charge was dismissed.  Should one reveal this incident on a poly or background??  An attorney says not to because once dismissed, there is no record and it is like it never happened.  What should this person do??

[beech trees]

Lets say that one was arrested for a minor misdemeanor and when court came, the charge was dismissed.  Should one reveal this incident on a poly or background??  An attorney says not to because once dismissed, there is no record and it is like it never happened.  What should this person do??

Were you fingerprinted? There is an arrest record. You should be forthright about the arrest but also put it in the best possible terms.

"I was arrested for <minor misdemeanor>, however the arresting officer was in error, and once all the facts of the case were known, the charges were dismissed."

Dave

[22]

The fingerprints cards were returned to me and the reports wree destroyed.  Under state statute, "if one was arrested and charge was dismissed or found not guilty and has no other convictions, he can swear under oath he has never been arrested."  WHat do you think now.  THat's what the state statute reads.

[beech trees]

The fingerprints cards were returned to me and the reports wree destroyed.  Under state statute, "if one was arrested and charge was dismissed or found not guilty and has no other convictions, he can swear under oath he has never been arrested."  WHat do you think now.  THat's what the state statute reads.

Sounds pretty clear to me. I would be very comfortable, were it me, in saying "I have never been arrested." Still I might have a copy of that statute handy.

[22]

Oh yeah, I have it on hand.  I just want to be sure because I dont want to come across as a lair to any of these so called Polygraphists or police departments that use them.  thanks

[beech trees]

Oh yeah, I have it on hand.  I just want to be sure because I dont want to come across as a lair to any of these so called Polygraphists or police departments that use them.  thanks

If you plan on using countermeasures, and a bluff is called with regard to any of the relevant questions, this old arrest would be a perfect excuse to use-- mull it over earnestly for a few moments and say words to the effect that even though the statute reads that you can swear under oath you were never arrested, it's still bothering you and could this be the reason why....? Other than that make NO admissions. Just my humble opinion,

Dave

[22]

dave,
so then your saying if this guy imploys I am being deceptive then admit to this incident?  Then he will find out and I might be labeled as being deceptive to the department I want to work for.  Also, if you are a police officer and apply to a different PD, does the new PD get a copy of your poly you took for the Pd you work for currently or any other PDs you have worked for?  Is that part of the background invest. even if they are years old?  I know that they cannot release the pscyh because that's medical I was told.  Thanks

[George W. Maschke]

Dave,

You wrote in part:

If you plan on using countermeasures, and a bluff is called with regard to any of the relevant questions, this old arrest would be a perfect excuse to use-- mull it over earnestly for a few moments and say words to the effect that even though the statute reads that you can swear under oath you were never arrested, it's still bothering you and could this be the reason why....?

I think that such a "post-test" admission would be a big mistake: it could very well be used to disqualify an applicant. The statute notwithstanding, such an admission could be construed by a polygrapher or his employer to show that the subject had withheld pertinent information.

I think it would be safest not to mention the arrest at all, as allowed by state law in this case.

[beech trees]

Perhaps you're right George... In my reply, I was relying too heavily on the polygrapher understanding and respecting the statute, rather than his or her jumping at the opportunity to twist said admission (which appears, on the surface anyway, to be a minor admission since in the eyes of the law 'it never happened') into a full-blown DI result-- with or without the chart to back it up.

Forget my earlier advice. Don't bring up the old arrest.

Dave

[Ray Latimer]

Background Help!!!
Make sure that you are reading the statute correctly.  Does it say that you can swear that you were "never arrested"  or does it say that you can swear  that you were "never convicted" my bet is that it is choice #2.  I cannot conceive of any statute that would give you the authority to lie.  The fact is that you were arrested but not convicted. Play it straight ADMIT IT.

RAY L.

[Mark Mallah]

Make sure that you are reading the statute correctly.  Does it say that you can swear that you were "never arrested"  or does it say that you can swear  that you were "never convicted" my bet is that it is choice #2.  

My bet is that the statute says you can say you were never arrested.  I am familiar with such a statute (not through personal experience) in the state of Colorado.  In any event, Ray is correct that you should read the statute carefully.

[yankeedog]

I would not advise concealing a prior arrest. Even if the record was expunged, it doesn't change the fact that you were arrested.  I would suggest you report it with an explanation as to how it was adjudicated.  Otherwise, you might be setting yourself up for failure.  You are taking a big chance on hurting yourself and you won't have anyone to blame but yourself if you try to hide it.  If you get caught hiding it, it is just going to make you look bad.

[Batman (Guest)]

Yankeedog,

Amen to you brother, at least somone got it right.  Beech Trees almost had it until his daddy corrected him.  Man did he do a quick turn around.

Anyway, "22", just get it out on the table.  If what you say is in fact true, you were arrested and the charge was in fact dismissed, then simply report that.  Do not make up some line of BS about how the arresting officer was "in error" (good one Beech Trees), do not rely on some small writing in the law that may or may not permit you to withhold this; and for sure do not rely on the pseudo legal advice you get from some on this site.  Bottom line is, it is obviously bothering you, so just lay it out there.  Then there is no way it can come back at you, unless you only lay a protion of it out.

Yankeedog made the right call, follow his advice.  Honesty will win out, regardless of what the proponents of this site advise.

Batman

[22]

Thanks for all of your replys...I have read the statute clearly and also got the advise of several attorneys and they all told me that I do not have to say I was arrested.  I have admitted to it before on a poly, and I think I was not hired because of it.  Will a new agency far away (out of state) get access to this old poly you think?  The thing was such a crock...I really think the cop had it out for me...I should have sued the dept for false arrest.  They had absolutly no evidence, even the so-called victim did not want to press charges.  They relied souly on a third party's lies and fabrications of the thing.

[Batman (Guest)]

"22",

You did all that in a matter of 4 days from seeking your initial advice on this site, and one of those days being a Sunday?  Interesting.  You also went from a simple dismissed "minor" misdemeanor to now having an alleged "victim", a witness of some sort (the third party), and a cop that had it out for you.  I'm starting to smell a rat here.

Watcha think Beech?

Batman