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How to Answer Questions About Past Arrests

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  • 02-21-2012, 07:45 PM
    neonlove
    How to Answer Questions About Past Arrests
    My question involves criminal law for the state of: Minnesota

    Quick question, about 5 years ago I got caught shoplifting, just about the only dumb thing I did when I was younger and I got caught doing it, I made a poor criminal...I digress... Anyways, I was never handcuffed or read any rights, I was just given a summons and ended up pleading guilty for a misd. theft. I never had fingerprints or anything taken. If I am asked if I were arrested...should I say yes, no, sort of ? It seems a bit confusing. Thanks !
  • 02-22-2012, 06:34 AM
    ineedsomehelp
    Re: Arrested
    technically you were never booked and processed so your not in the system. If they check our background they wont find you in the system of whatever county, city, or state you live in so no.
  • 02-22-2012, 07:08 AM
    aardvarc
    Re: Arrested
    Um, no. The summons WAS a form of arrest. You had a date in court. You pled to a criminal charge. I guarantee that unless you were processed in a juvenile court, that you DO have a criminal record that should show up on a background check. Being given a notice to appear on a criminal charge is a form of arrest, just not a PHYSICAL arrest.
  • 02-28-2012, 01:08 AM
    tc498
    Re: Arrested
    Also most places ask about convictions, pleading guilty to a misdemeanor gave you one . If it was just a paper arrest with no conviction it might not pop up (it still can thou). Having a misdemeanor on file,chances are good that it will show up in a backround check.
  • 02-28-2012, 02:31 PM
    ESteele
    Re: Arrested
    OP, it does not appear confusing at all. If you are asked whether you were arrested and/or convicted, you should answer in the affirmative because your response(s) would be true. (Why would you find your circumstances as you described them confusing?) The fact your arrest and conviction did not generate a great deal of paperwork, booking, incarceration or court proceeding does not erase the arrest or the conviction. It is entirely possible, if not indeed likely, the arrest and conviction would pop up in a background check.

    With all due respect, it is now time for you, as an adult, to take steps to ameliorate this situation. To this end, you should consider exploring whether you can have this juvenile misdemeanor conviction expunged. If an employee or job applicant with an “applicable” criminal record can successfully have his record expunged under state law, then the state will remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of the expungement order allows the affected individual to “truthfully” deny the existence of the charge or conviction when seeking prospective employment.

    For more general information on the expunging of criminal records and related issues, you may want to review the following article, "Is Your Criminal History Thwarting Your Job Search? How to Improve Your Employment Prospects," http://ezinearticles.com/?Is-Your-Cr...cts&id=6691498
  • 02-28-2012, 03:02 PM
    Beth3
    Re: Arrested
    If I am asked if I were arrested...should I say yes, no, sort of ? It seems a bit confusing.

    I doubt you'll be asked if you have ever been arrested; they may ask if you've ever been convicted of a crime to which the answer is clearly "yes." You then have an opportunity to explain that when you were young and foolish, you were caught shoplifting - and that you learned a lesson the hard way and never did anything that stupid again.
  • 03-06-2012, 10:04 AM
    Prospective
    Re: How to Answer Questions About Past Arrests
    since you were stupid enough to plead guilty, it will show up in a background check. Pleading guilty is the worst thing you can do. Now there is no way to expunge/seal the case and its forver on your record.

    However if you plead not guilty or had adjudiciation witheld(first offense), and finished a pretrial diversion program(first offense, small misdemeanors),then u cud have expunged it later on.
  • 03-06-2012, 11:22 AM
    ESteele
    Re: How to Answer Questions About Past Arrests
    What Prospective stated may be true in certain jurisdictions, but it does not appear to be the case in Minnesota. Based on a one minute review of the Minnesota expungement statute, it appears that convictions of minor offenses (e.g., shoplifting) are subject to possible expungement.

    OP, you should consult with experienced local counsel if you explore seeking to expunge your conviction from your record.
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