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Comment by maratd | Hacker News Reader

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maratd

> The worst thing an officer of the was able to do was inconvenience you for a day.

Wrong.

Job application. Have you ever been arrested? No job.

Mortgage application. Have you ever been arrested? No mortgage. No house.

Rental application. Have you ever been arrested? No apartment.

These are just a few places you will have the door slammed in your face. Now, the OP was lucky, because the matter was dismissed, the arrest record evaporates. If he was convicted of even the most minor criminal offense because the judge was having a bad day too, his life is now fucked.

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It's in everyone's interest for criminals to learn from their mistakes and become functioning members of society. How could they conceivably do so if they're eternally denied education, employment, or even shelter on the basis of their past deeds?

NB, this is argument applies even if you're trying to make the argument to a very pro-law-enforcement person who accepts the premises that only guilty people need to worry about the police and that the laws are perfect so everything that is a crime ought to be one.

Isn't the wording 'convicted of a crime' rather than 'arrested'... you could be arrested, and then let go without being charged or convicted of anything.

It's usually "convicted of a felony or alcohol related offense". Being arrested usually has no negative impact on your job prospects unless you are also charged and convicted (of a felony).

Arrest records do come up in the system when a background check is run as I can vouch for personally. They also come up (in Colorado) with the initially charged crime whether or not the charge was changed or dismissed. This has never hampered my ability to obtain employment, loan, or a lease.

I have filled out job applications that ask if you have ever been arrested, specifically clarifying "whether or not convicted".

Getting involved with "the system" in any way, even if you're not guilty, appears to be a red flag for some employers.

It depends. The Global Entry program for instance cares about arrests, not convictions. Work background checks will turn up arrests as well.

How is that legal ? As a European, I am utterly puzzled.

In New York City, landlords will run background checks that check if you've been arrested or appeared in housing court, but not whether or not you were convicted (or even charged!) in the arrests, and not whether you won or lost the housing court case (or even whether you were the plaintiff or defendant).

It's incredibly pro-landlord, but because there's a shortage of housing supply, they can get away with it.

Only source I can remember for this offhand is behind a paywall, but I used to work in drug policy, so this is something I've witnessed many times: http://bklynr.com/arrested-developments/

I wouldn't want to work for a company that would slam the door in my face because I was arrested for a petty offence like the one mentioned. There are plenty of companies out there that will treat me like a human being.

highly skilled worker problems

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