TOPIC: UNDERSTANDING THAT YOU REALLY DO HAVE A RECORD!

2007-12-20T14:43:00.000-08:00

Did you know that once you have been fingerprinted, you have a record? Yes, regardless of whether your case was dismissed, thrown out or you were found not guilty, you have an arrest record. Even if the judge, your attorney or the prosecutor said, “Don’t worry, it’s not on your record,” you still have a record! No, it doesn’t “automatically fall off” your record. No, your case doesn’t magically disappear! Your record is accessible in more places than you think!

THE CAR ACCIDENT THE BAR FIGHT
• John is in a car accident. It wasn’t his fault. Someone sideswipes him.
• John is in a bar fight. It wasn’t his fault. Someone punches him in the face.

The paramedics arrive & take him to the hospital because they think he broke his leg.
The police arrive & arrest him because they think he committed a crime.
1) Hospital: the hospital admits him and creates a medical record. The ER doctors take x-rays and an MRI; they place all reports in the hospital file.
1) Arresting Police: the police book him and create an arrest record. The police take a mug shot, fingerprint him and make a police report. They place all of the above in the police file.

2) Insurance Co: The hospital contacts his insurance company to make sure he is insured. The insurance company opens a claim and makes a file for John.
2) State Police and FBI: The arresting police contact the State Police and FBI to make sure he doesn’t have a warrant out for his arrest. The agencies record his new arrest and fingerprints.

3) Family Doctor: The next day, John goes to his family doctor for a follow up. The family doctor creates a file containing a copy of his x-rays from the hospital. The family doctor notes John’s accident, his follow up visit and his diagnosis.
• Diagnosis: The doctor doesn’t believe his ankle is broken. The doctor says, “John, you can go home, you don’t need to come back to the doctor.”
3) Court: The next day, John goes to court. The court creates a file containing the arrest report from the police. The judge notes John’s presence in court and reviews the facts of the case.
• Outcome: The judge believes it was the other guy’s fault. He throws out the case and says, “John, you can go home and you don’t need to come back to court. This won’t be on your record.”
• RULE: JUST BECAUSE JOHN DOES NOT HAVE A BROKEN ANKLE, THAT DOES NOT MEAN THE RECORDS FROM THE HOSPITAL, THE INSURANCE COMPANY AND THE FAMILY DOCTOR GET DESTROYED.
• THE RECORDS STILL EXIST! THEY MAY SAY THAT HE DID NOT HAVE A BROKEN ANKLE BUT THE AMBULANCE REPORT, ER XRAYS AND FAMILY DOCTOR’S DIAGNOSIS STILL EXIST!
• RULE: JUST BECAUSE JOHN’S CASE WAS DISMISSED, THAT DOES NOT MEAN THE RECORDS FROM THE ARRESTING POLICE, THE STATE POLICE/FBI AND THE COURT ARE DESTROYED.
• THE RECORDS STILL EXIST! THEY MAY SAY THAT THE CASE WAS THROWN OUT OF COURT BUT THE FINGERPRINTS, ARREST REPORT AND COURT RECORD STILL EXIST!

YOUR CASE HAS BEEN THROWN OUT, NOW WHAT?

CAR ACCIDENT ARREST
MYTH: Many people think: “That car accident wasn’t my fault so my insurance rates won’t go up.”
MYTH: Many people think: “The fight wasn’t my fault so I don’t have a conviction on my record so the arrest doesn’t matter.”

REALITY: Have you ever noticed your insurance rate still goes up just because you filed a claim, even though the accident was not your fault? REALITY: Have you ever noticed that an employer doesn’t want to see that a potential employee had a run-in with the law, no matter how minor?
• Does a clothing store want to hire someone who was arrested for retail theft?
• Does a nursing home want to hire someone who was arrested for domestic battery?
RULE: You are being penalized! The insurance company doesn’t want to insure someone who has a mere tendency of being in an accident, regardless of fault.
THEY CAN INSURE SOMEONE ELSE WHO IS LESS OF A LIABILITY! RULE: You are being penalized! The potential employer doesn’t want to hire someone who has a potential disregard of the law. Even if it was your crazy ex-boyfriend/girlfriend who called the cops.
THEY CAN HIRE SOMEONE ELSE WHO IS LESS OF A LIABILITY!

Xpunged and You: Tamara Holder, Esq.

TOPIC: UNDERSTANDING THAT YOU REALLY DO HAVE A RECORD!