4/02/2012

Should an arrest record show up in criminal background checks?

My guess is that employers don't put as much weight on an arrest as they do a conviction.  On the other hand, employers might not have to be convince as much as a court does before they believe that there is a serious problem.  If someone has been arrested multiple times but not convicted, an employer might still legitimately conclude that there is a serious problem.  In any case, Georgia's Republican lawmakers are moving to expunge criminal records of information on arrests.  From Fox News:


For 13 years, a Georgia woman has lived under the shadow of a child abuse investigation, though police cleared her of any wrongdoing.  The welts and bruises on her daughter's body turned out to be an allergic reaction to antibiotics. But the investigation showed up on criminal background checks, restricting her access to jobs, housing and even her daughter's school.
"I used to have to call ahead and let them know I was coming," said Theresa, who asked to keep her last name unpublished. "I always had to get a clearance if I wanted to participate in certain activities."
Late last year, Theresa was able to remove the investigation from public criminal records with the help of Ashley Deadwyler, an attorney with the Georgia Justice Project, a non-profit advocacy group that provides criminal defense for the indigent.
Lawmakers are now trying to ensure other Georgians don't have to go through the same ordeal, with a piece of legislation that advanced Tuesday in the Capitol.   GJP Executive Director Doug Ammar said many others still face this problem, because Georgia gives district attorneys discretion over whether to allow the restriction of arrest records, even if there's no conviction. . . .

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