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Arrested

Jafari RastaMan

Well-Known Member
#1
It is true that I was arrested. It occurred because they said I was “interfering with the duties of a public servant.” The charge was certainly questionable and all charges/records have been dismissed and expunged.

It is my understanding that after an expungement, no court, lawyer, or employer should ever have visibility of this incident. Can you confirm?? Unfortunately after a google search, I can find details of the arrest a few pages over.

My questions are :
- How can I eliminate my search data in google, since it isn’t legal?
- Will this affect my airline employment?
 

MidlifeFlyer

Well-Known Member
#2
Expungement is not a perfect thing.

Expungement rules vary from state to state, but, in general, "no one should ever have visibility of the incident" is beyond what expungements do. What they can and mostly do are remove visibility of state records, direct record check companies to remove theirs, authorize "no" answers to questions from employers, and prohibit their use by employers and state agencies as a basis for denial or disqualification. And there may be exceptions to those.

They generally do not and realistically cannot remove media accounts, posts on social media, make your google search data disappear, erase the memories of people who knew about it, etc. IOW, they do not remove the incident from existence. It happened.

It is also questionable whether or not a state's expungement laws can remove federal records of the event or prohibit federal agencies, like the FAA from using them. As an example, here's what the FAA MedXPress User Guide says about disclosing arrests and convictions:

"If the record of a conviction has been expunged, state the date that the record was expunged and the court that ordered the expunction."

So, the FAA does not consider expungement to be a basis for nondisclosure. Other federal agencies do the same.

As I said, that's generally speaking. For a more complete answer to your specific situation, contact a knowledgeable attorney in your state.
 

dustoff17

Well-Known Member
#3
@MidlifeFlyer has words of wisdom that you would do right to follow!!

I do have to add that when you type this:
It is true that I was arrested. It occurred because they said I was “interfering with the duties of a public servant.”.........
Then you follow it up with this:
.........The charge was certainly questionable.........
Best that you leave this line out if ever asked in an interview. This bit of info seems like you aren't taking ownership in your participation in whatever event landed you in cuffs to begin with. Just explain what happened and that you might have made a poor on-the-spot decision and that you have learned how to better manage things in your life since then. UNLESS the real story is that you were sitting at home watching "I Love Lucy" when the Police kicked in the door and all you were trying to do is keep them from changing the channel to "The Jerry Springer Show".

Just because you weren't tried and convicted doesn't necessarily mean that the arrest, detention, and original complaint didn't have full and justified merit. While you might be right, it could be a simple matter of a task-saturated Prosecutor that didn't have the time to work the case.

It certainly shouldn't effect your chances of employment unless you come across as though your shifting all the blame for bad happenings in your life on to others......

IMHO.....