Hypothetically.....(legal advice) - Chicagoland Sportbikes
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post #1 of 14 (permalink) Old 06-21-2006, 08:07 PM Thread Starter
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Hypothetically.....(legal advice)

Say you did something dumb in College that could have resulted in a felony. You got busted, arrested, fingerprinted, the whole deal. Only, you talked the police out of it and they let you go. Is all that documented? or thrown out?

In other words....if the FBI ran a fingerprint based background check on you, would this arrest show up even though you never went to court or got convicted? Or does it show up like you were involved in a felony but never prosecuted?

Again, hypothetically.

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post #2 of 14 (permalink) Old 06-21-2006, 09:33 PM
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I'd guess it's in the record books somewhere regardless. You'd most likely have the statute of limitations on your side if it was that long ago, but that all goes back to what exactly you mean by "felony".

Joyriding your buddy's car and it's reported stolen? No big deal.

Murdered the babysitter and turned her into a delicious soup of some kind? Pretty sure you'd have some 'splaining to do.

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post #3 of 14 (permalink) Old 06-21-2006, 09:40 PM
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It he police let you go AND filed the paper work, they would be in more trouble than you. Chances are that the fingerprints went into a database, along with you're personal info, if done electronicly you can bet this info was retained. You criminal charges where probably throw in the trash. Hypothetically speaking of course.

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post #4 of 14 (permalink) Old 06-21-2006, 10:06 PM
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The incident is more than likely documented. If the police "let you go", then a report is written to justify it as such. Depending on when this occurred, one of two things happened with your fingerprints; If they were taken electronically with a finger-roll system, then the charges were left out and an inquiry only was done. This will result in a confirmation of identity and criminal record (if any). No entry was made under your name into a criminal history or CQH file. If they were taken manually with ink and cards, then the cards are either on file with the agency or they were destroyed to protect their behinds for future problems.
Unless you were formally charged, arraigned and received notice from the court that the charges were dropped/quashed, then you have no criminal record with the State or FBI of this arrest.

Of course, do not quote me - hypothetically speaking.

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Last edited by Dean; 06-21-2006 at 10:09 PM.
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post #5 of 14 (permalink) Old 06-22-2006, 12:33 AM
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it wont show up if you never got into court or charged. state police checks only come up with results if you are actually charged, indighted, and went to court. if none of that happened it will be fine. no worries.
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post #6 of 14 (permalink) Old 06-22-2006, 01:28 AM
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We all do many hypothetically dumb things when we're young(er).

What did you hypothetically do?
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post #7 of 14 (permalink) Old 06-22-2006, 08:07 AM
 
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Hypothetically, I know a guy, who knows a guy, who slept with a guy, that can for a small fee, replace certain areas of your fingers that might cause problems.
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post #8 of 14 (permalink) Old 06-22-2006, 08:25 AM
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I just checked with a "co-worker" who hypothetically works for a federal agency and he told me that if you were indeed fingerprinted there is indeed a record of the incident. Not that it is going to be used AGAINST you later but just know that it will always be there on a federal level for identification (in a data base). (future ID i guess you could say.)

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post #9 of 14 (permalink) Old 06-22-2006, 08:37 AM
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Quote:
Originally Posted by GPz1100
What did you hypothetically do?

I'm sure the charge was something like aggravated mopery (exposing oneself to a blind person). It was college afterall.
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post #10 of 14 (permalink) Old 06-22-2006, 09:05 AM
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There is a record. It should be on your rap sheet, which isn't court related so it doesn't track what eventually happened to you (punishment). Instead it only records the arrest. If they pinched you and brought you to the station, took prints and let you go they have you in their system.

The thing that got you released was the fact that the state's attorney didn't have enough evidence to prosecute.

So we are talking 2 different things, Booking and prosecution.

Blah, Blah, Blah

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post #11 of 14 (permalink) Old 06-22-2006, 09:11 AM
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since you were arrested and fingerprinted that will remain. You DO have an arrest record, just not a conviction record. so, depending on the type of background check you may be ok. If you are asked if you were convicted of a felony, you can say no. if you are asked if you have ever been arrested, you would have to answer yes.
There is no such thing as a "statutory of limitations" on an arrest record.
However, you could hire a lawyer and possibly have your arrest record expunged since you did not appear in front of a judge or get convicted. even having your records expunged will NOT remove your fingerprinting. they will always be out there...

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post #12 of 14 (permalink) Old 06-22-2006, 11:42 AM
 
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I have "some" experience with these matters. It very much depends on who is looking into your background and how far they are willing to go. I was personally amazed at some of the stuff that companies can find when they are doing an extensive background check.

You might be better off just admitting to the arrest up front and explain that you were just in the wrong place at the wrong time with the wrong people, hence you were never prosecuted.
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post #13 of 14 (permalink) Old 06-22-2006, 11:55 AM
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Quote:
Originally Posted by Crazy
Say you did something dumb in College that could have resulted in a felony. You got busted, arrested, fingerprinted, the whole deal. Only, you talked the police out of it and they let you go. Is all that documented? or thrown out?

In other words....if the FBI ran a fingerprint based background check on you, would this arrest show up even though you never went to court or got convicted? Or does it show up like you were involved in a felony but never prosecuted?

Again, hypothetically.
How long ago?
Corporations can do 3yr, 7yr or 10yr background checks.
If the position is security or law enforcement related, just answer truthfully 'cause they will find out.
Typically, if you weren't convicted of a felony, you're good.
I too, know a guy who's sister's brother was arrested and not charged or convicted in college.
His company did a 10yr check and everything was cool.

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post #14 of 14 (permalink) Old 06-22-2006, 12:07 PM Thread Starter
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I've had company checks and everything is cool. This is possibly for an adoption, and it was 10 years ago.

Brian (F.K.A. Crazy)

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