Please tell me this SHOULDN'T happen with Police in the USA!

#76
I DEFINITELY do NOT think you should drop it. Trust me. My husband has had complaints before - and they DO get noticed. As hard as it is to deal with, some of the complaints against him were actually well deserved (he can be a little grouchy :smile:) and it changed his behavior.

They are YOUR police officers. There to serve and protect you! There doesn't seem to be any sort of excuse for this situation. I really hope you get it resolved. :smile:
 
#77
just fyi an arrest is a public record regardless of the outcome of the case. If that record and/or court date was published online then the chances are minimal that they can actually be physically removed since a ton of data mining companies, including Choicepoint, check these records pretty regularly. If you are going to pay to seal the records then I advise you get a second opinion because when I volunteered at Legal Aid in NYC I never saw any actual sealing of the records even after thousands were spent to do just that. NYS law also requires you wait at least 180 days before proceeding with an expungement.

AFAIK, arrests resulting in a favorable outcome (dismissal) never needs to be disclosed except on federal law enforcement applications. An employer also cannot ask if you've been arrested unless it resulted in a conviction.

I'm sorry this happened to your DH but at least you had the ability to defend yourselves and your innocence. Best of luck in the future and I would file the complaint too:flowers:
 
#78
harlem_cutie said:
AFAIK, arrests resulting in a favorable outcome (dismissal) never needs to be disclosed except on federal law enforcement applications. An employer also cannot ask if you've been arrested unless it resulted in a conviction.
Click to expand...

Exactly...I don't see any reason you'd need to get his record expunged of this. There was no conviction...charges were dropped.
Now...suing for wrongful arrest...go for it.
 
#79
harlem_cutie said:
just fyi an arrest is a public record regardless of the outcome of the case. If that record and/or court date was published online then the chances are minimal that they can actually be physically removed since a ton of data mining companies, including Choicepoint, check these records pretty regularly. If you are going to pay to seal the records then I advise you get a second opinion because when I volunteered at Legal Aid in NYC I never saw any actual sealing of the records even after thousands were spent to do just that. NYS law also requires you wait at least 180 days before proceeding with an expungement.

AFAIK, arrests resulting in a favorable outcome (dismissal) never needs to be disclosed except on federal law enforcement applications. An employer also cannot ask if you've been arrested unless it resulted in a conviction.

I'm sorry this happened to your DH but at least you had the ability to defend yourselves and your innocence. Best of luck in the future and I would file the complaint too:flowers:
Click to expand...


This is good information and I'll ask my husband about it. We don't need to spend more than necessary.

And we are looking to do a civil case against the police's handling of the case... but I will definitely show my husband this. Thanks!
 
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