Is this considered an arrest?
 

I am posting this on behalf of a colleague because we've been getting all sorts of different opinions...

This happened back when he was 16 or 17. He and his friends were leaving a movie theater at night time, and with all the lights in the parking lot he didn't notice that his headlights were off. A couple police cars are sitting in the parking lot or something, and right before reaching the exit to the lot, he is pulled over for this. The officers discover a paintball gun in the backseat of the car with the co2 canister in but no paintballs...i.e. not "loaded". He is let off with a warning but they confiscate the paintball gun to "make sure no vandalism is reported that night." Small town, etc...

Several days pass and when he calls to inquire about getting it back, he is informed that the DA has decided to charge him with a felony carrying of a concealed weapon. Again, small town. :rolleyes: Somehow he works it out that he and his father go down to the police station, pay a bond, and he's free to go until the court date. He was never "arrested", placed in handcuffs or anything, but he did have to get fingerprinted. It was eventually lowered to a misdemeanor, and when it finally got before a judge, quickly dismissed as being frivolous.

So the big question is, since he's filling out apps to 121 jobs now, would this be considered an arrest even though he was never physically "arrested"? Would he need to disclose that he was at one point charged with a felony even though it was dropped to a misdemeanor by the DA? He's been clean as a whistle since, not even a speeding ticket.

And you expect not to get a variety of answers from a internet message board :)

I'll start the speculation - and try to get a ADAs opinion on it a little later.

I say if this friend was not read his Miranda rights then he was not arrested.

Disclaimer: EVERY STATE'S LAWS ARE DIFFERENT

USMCFLYR

Update (Immediate)
I went ahead and called and found out that I missed this question on the law test :o

1. Your friend was let off with a warning. The legality of it being a concealed weapon (like my disclaimer above) depends on the state's statues.
2. When review by the DA, he decided to file charges / a warrant.
3. At this time, your friend was under arrest.
4. When he went in, he basically turned himself in instead of the warrant having to be served on him. This situation has a name but I forget it now.

Thankfully, the judge seems to have seen it for what it was and dismissed it, but it sounds like technically he would have to say "yes" to the question and have an interesting story to tell. Btw - the ADA I called said that they wouldn't charge in that situation. Sorry about the "small town" situation :(

USMCFLYR

He just might have to report it, however it depends on a couple of things. Like USMCFLYR said, check state law.

My personal experience has been that I was charged with bad check charges in Florida. I was notified by the SA Office and I went down to get the information on making restitution. Restitution was a few weeks later. I was never physically arrested, however, by me showing up at the SA Office, it is recorded as an arrest. That showed up on my NCIC background check.

The other is when my wife and I divorced and I stayed with an acquaintance. To make a long story short, I was arrested and charged with felony burgulary. I spent 63 days in jail for a crime that I didn't commit. The SA later dropped the charge after a scathing from the judge. However, it still shows up on my NCIC check.

And let me add....the charges above are dispositioned as NOLLE PROSEQUI.

FWIW, pull a copy of your all state police and NCIC records. If it doesn't appear in their database....your friend is as good as gold! If it does appear, he'd better mention it.






atp

yup and its a felony.

Good advice from atpwannabe. To your friend: Before you decide what you want to disclose or not, or even get other opinions, you MUST find out what your paper trail is. What is in writing - that's the important part. Go get your record from the county clerk - this is what shows up in background checks.

From what is sounds like here, it will most likely need to be disclosed. However, don't ignore the facts - this was a long time ago and it was dismissed. I wouldn't be afraid to disclose this and explain what happened. Anyone can empathize.

Lori

Hey Lori,

I posted this somewhere else, but got no answer, I wanted to ask you.

What about people who got arrested as a minor, like when 13 or whatever, do they need to report it during an interview. He said it was a misdemeanor. This is not me, but I did work with someone who was and he said it was sealed but I always wondered what would happen with him. I know he lived in NJ his whole life, and I am 99% sure it was over 10 years ago. I am curious what will happen with him, he was one heck of a character.

thanks

Generally if you "turn yourself in" in association with charges being filed that counts as an arrest. Fingerprinting is a big hint that you have been arrested.

If you went downtown on your own, talked to a DA, convinced him the whole thing was stupid, and he dropped it that might not be an arrest.

Typically court records of juvenals are sealed, but that doesn't mean the airline won't see that there is a record. They'll see there is one it just won't specify what exactly the record is about.
Best thing is to read the application very carefully - if it asks "ever" then answer it honestly. If it asks "in the past 10 years" then answer that honestly.

It's worse to not disclose something and have it show up in a background check. Then they have cause to terminate for lying on the application. I've seen someone terminated for something that was 20+ years old because he didn't disclose it. Had this person disclosed it would have been no big deal - but because he didn't his application was not truthful.

I'm sure there are exceptions especially with all of the varying state laws, but it was the ISSUANCE of the warrant in the first place that made it an arrest as it was explained to me by the ADA that I asked this question of - - so it becomes a technicality even if the DA eventually dropped the charges.
The semantics can be a real pain here it seems!

USMCFLYR

I agree with you USMCFLYR, the semantics are a royal pain. I really think the important thing for everyone to keep in mind is that at the end of the day the semantics of each state's verbiage just don't matter much. If there is ANY paper trail at all it must be disclosed.