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  1. #1
    Join Date
    Aug 2014
    Posts
    1

    Default Employment Loss Due to False Arrest

    My question involves criminal records for the state of: Pennsylvania.
    I was having problems with a spouse who would occasionally accuse me of adultery then punch me in the head 20 or more times until I got a headache. I never retaliated; rather I would run into the bathroom and hold the door shut. She would vigorously pound on the door for a good while and her hands would swell. I worked to preserve my marriage by insisting that she get help for her problems and offered to go with her. When the situation didn't improve, I decided to leave.
    I had no vehicle and nowhere to go, so I slept in another room against the door to prevent an attack. The next day was spent with me packing and working to figure out where I could go and how I can get there. She drove to her job that next morning then came back. Later in the afternoon, she started threatening to call the police and say that I abused her. I told her to go ahead. A cop came and she went outside to talk to him. From what I could hear, she was not truthful. I remained inside until the cop came in to question me, when I gave my truthful account. The cop went back outside, then an ambulance came. The cop incessantly hollered at her to go to the hospital but she refused. Then the cop called me outside and ordered me to leave the premises. When I told him that I wasn't doing that, he took several steps back then started shaking this can of mace or pepper spray or something. I asked him what he was doing then he sprayed me; I put up my hand to block the stream, then he grabbed me in kind of a bear hug. I voluntarily went to the ground and instantly put my hands behind my back. I was beaten cuffed and placed in the cruiser with the windows rolled tightly up in a 104 degree temperature. He and my spouse walked into my house for an hour. I was suffocating in the car and felt that I would die soon.
    He drove me to the station and asked if I needed to go to the hospital; I said no but changed my mind when he ignored the bruises on my face caused by my spouse the previous night. Then he said, "don't F*ck with me". He then told me, " I have to charge you with disorderly conduct because I had to spray you". From that point, I was very uncooperative in that I refused to answer questions without an attorney present. He then drove me to the magistrate. I couldn't hear their conversation. He placed me back in the car and drove me back home to my surprise. He told me later that he couldn't make me leave my property then left. Yet , now, I have lost a job and can't be cleared for employment because the incident comes up on my criminal background checks. By the way I have no prior record.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Loss Due to False Arrest

    I'm sorry to hear that.

    When you have a legal question, be sure to let us know.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employment Loss Due to False Arrest

    If you were charged with disorderly conduct, you were either convicted or acquitted of the charge. You have chosen not to tell us what happened.

    If you weren't charged with a crime, then there's no criminal charge that would be showing up on your record.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Employment Loss Due to False Arrest

    So, what is it that comes up on a records' check? The detention? The arrest for disorderly conduct? Have you been tried for the offense(s), yet?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Employment Loss Due to False Arrest

    Just because you were innocent doesn't make it a "false arrest." A false arrest has to be without requisite probable cause or warrant.

    I'm having my doubts about the story. Arrests themselves rarely show in civilian background checks and disorderly conduct is a summary offense in most situations and doesn't show even if you were convicted.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employment Loss Due to False Arrest

    I suspect that, like a fair proportion of the population, this OP has a very incorrect idea as to how and when employers run checks on applicants, and is blaming his failure to find a job on this incident when it really has no part in it at all.

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