The records were expunged, but couldn't this still cause problems in the future for those people? Many employment applications ask if you have ever been arrested and you have to wonder how that will impact your job chances if you answer truthfully. Many government agencies do a FBI background check and I believe that will uncover arrests even if the court record was expunged. So for the rest of their lives they have to either try to explain the incident when aplying for new jobs or hope the background check doesn't discover the arrest (which could be grounds for dismissal).
Joined: May 05, 2000
The ACLU had an article on the settlement and they made it sound like the records of the arrest would be sealed. But what if you have to take a lie detector test... "Have you ever been arrested?" Even though the law gives you the right to honestly say "no" some people may be nervous enough to come off lying.
Is it legal for a non-govmt agency to ask "have you ever been arrested?" Because anyone, repeat ANYONE can be arrested. "Have you ever been convicted?" is what I remember the applications for employment asking...
if asked about arrests and you have never been convicted, say none. if asked about felonies, dont mention misdemeanors. better yet. if you dont have felonies say no to convictions. [ January 19, 2003: Message edited by: Randall Twede ]