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Old 08-24-2007, 03:46 PM   #1 (permalink)
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Default Need Advice

Hey guys, I figured I would come here and explain what happened and hopefully get some responses on how this may or may not affect my career. Any advice would be greatly appreciated.

I am a captain at a regional and am about to apply to the airline I have always wanted to work for. I am just about to meet their minimums within the next two months. Last weekend I was out with my girfriend at an Indian casino enjoying some drinks. her and I get to discussing whether we should leave or not and for some crazy reason, a security guard thought we were arguing. We were at a bar and he comes up to us and asks if their is a problem. I say no and that whatever we are talking about is our business and not his. He says it is and I told him to leave us alone.


He then proceeds to ask us to leave and I ask him why. He tells me that I/we are interfering with business. I say okay, close out and we start taking the escalator down to the bottom floor. Him and two other guards are following us. Apparently he was telling us to turn left, which we did not hear because its loud and my girlfriend and I are talking amongst each other. Next thing I hear is him yelling telling me to stop. I do so and he says you are under arrest. I said for what and he says for trespassing!
At this point I am really confused as to why he arrested me for trespassing and not my girlfriend since she was with me the whole time.(I didnt want her to get arrested,so I didnt say anything, im just saying it is weird) He takes me into the back, calls the sherriff and he places a "citizens arrest" on me. The deputies had to take me into custody because if they didn't apparently they are liable. Next thing you know I am getting booked and am sitting in a holding cell. They released me 3 hours later and I am supposed to appear in court at the end of next month.

Since then I have hired a lawyer and he says not to worry about this, that he can get this off my record because I really did nothing wrong other than not make a left turn.
My question for anyone who knows is,
1. How will this affect me if I am fortunate enough to get an interview and even hired?
2. During a background check, if something "minor" like this pops up, will it affect me negatively? (I know this is based on opinions but I want to hear what you guys think
3. Do airlines run your background after you are hired or during the application process?

Guys I am terrified that this guy can possibly have an effect on something that I have been working for since I was 15.
Any advice would be greatly appreciated.
Sorry this is SOOOO long but I wanted to give as many facts as possible. Oh yeah, I have never had anything on my record except for 2 speeding tickets about 3 years ago.

Thanks guys
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Old 08-24-2007, 03:55 PM   #2 (permalink)
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Well you did the right thing by getting a lawyer. Since he asked you to leave because he thought you were fighting with your girlfriend, your girlfriend would be tho only witness, so you have the only witness on your side.
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Old 08-24-2007, 04:33 PM   #3 (permalink)
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First things first--work w/your lawyer to clear your name. Once that is done, things will be much easier. Some apps only ask for convictions, not arrests. Make sure whatever the app or interviewer asks, tell the truth. Have your side of the story ready.

Most companies are looking to higher a trustworthy person--not a perfect one. Tell your side of the story first. They may find out during a security check about this, and would rather hear it from you than from someone else.
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Old 08-24-2007, 05:23 PM   #4 (permalink)
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I have filled out quite a few applications, and went on many interviews. I have never seen any ask if you were arrested. Anyone can get arrested. Anyone can get tried. But ONLY if you are convicted, can that, and should that be a problem. In this country EVERYONE is Innocent until proven guilty (accept O.J.). And because of that, unless you are convicted, nothing should be held against you. Only at United when I interviewed did I get asked about speeding tickets, which I could mark down none in the past 5 years. I guess they didn't have anything negative on me so they asked if I had ever had any speeding tickets in the past. They just wanted to see if I would make excuses. I told them I had, and it was my fault. But speaking of United, I think they may ask on their web page application if there is anything pending. So if so, and United is what you are after, get it cleared up. After that I wouldn't sweat it.

You should ask your lawyer to sue the casino and the rent a cop for false arrest and unlawful detention. It may be next to imposable, but try to get the casino tapes of the "argument" to show the rent a cop was overzealous with his "power", and misjudged the situation.

Hope this helps.

Last edited by McGuyver : 08-24-2007 at 06:33 PM.
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Old 08-24-2007, 05:41 PM   #5 (permalink)
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Thanks for the responses so far guys! I sincerely appreciate them. My lawyer said that is is next to impossible to sue the rent a cop because the incident happened on sovereign land. The only thing I am worried about is getting my name cleared because I have NEVER done or been in a situation like this. With that said I dont really care about suing the guy. I just care that this wont affect my career in a negative way. Any other responses are appreciated. Thanks again
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Old 08-24-2007, 06:34 PM   #6 (permalink)
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If when you were arrested, you were fingerprinted or your eyes were scanned(no joke), wether you were convicted or not... IT WILL SHOW UP ON YOUR FBI BACKGROUND CHECK. Always offer a self-disclosure statement at the interview with you application.

I'm proof positive.

PtP
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Old 08-24-2007, 06:38 PM   #7 (permalink)
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But that would only be if you were to be convicted. Even the FBI background check asks of only convictions. Being arrested is irrelevant. Getting stoped by the police is a form of arrest.

I am not a lawyer. But I did stay at a Holiday Inn Express last night.
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Old 08-24-2007, 06:53 PM   #8 (permalink)
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Quote:
Originally Posted by McGuyver View Post
But that would only be if you were to be convicted. Even the FBI background check asks of only convictions. Being arrested is irrelevant. Getting stoped by the police is a form of arrest.

I am not a lawyer. But I did stay at a Holiday Inn Express last night.
Not true, sir.

Any arrest wether convicted or not WILL show up. I had many people including friends that were airline recruiters tell me the same, but that is wrong. I think this has come from the 9-11 post rules, that most of us don't know about or will ever find.

Not to say that they won't hire you; I got hired 3 times, but only with honesty!!

PtP
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Old 08-24-2007, 07:46 PM   #9 (permalink)
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Oh, I know you are right, the FBI or any government agency could find out if someone was arrested or not. I am just saying if it is not asked for why volunteer extra information that was not asked for. I don't know what the new FBI background check ask for now post 9-11. If they ask for any arrests, then obviously be truthful and give them all the facts. In the past, they only asked for convictions. Because why would you, and how could you hassle an adjudicated "innocent" man. But if the FBI in now even looking at any and all arrests, maybe they are looking for certain patterns.

Also, ask your lawyer to get your record expunged.

Last edited by McGuyver : 08-24-2007 at 07:53 PM.
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Old 08-24-2007, 11:49 PM   #10 (permalink)
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You'll be fine. You can only be asked if you were convicted of a crime. If they do check your record and find an 'arrest' without a conviction then it is assumed that you were innocent. You may have an opportunity to explain the situation if you really think they may be concerned but I would start the story at ... we were leaving a casino one night...
I hope your attorney suggest that you respond with a false arrest suit.
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