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Sealing my arrest record. Would this matter?

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    Mudiver
    Forum Member

  • Mudiver
    replied
    This guy is not seriously trying to be an officer. No real infomation to go on.

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  • Mudiver
    Forum Member

  • Mudiver
    replied
    LOL hanging with bad people. Well there goes a quarter of my family. A part of my church group, and most of the friends I grew up with.
    8-)

    Leave a comment:

  • LadyKiller
    Forum Member

  • LadyKiller
    replied
    Depends on where you apply I worked with a guy who was in a similar circumstance and he became a Lt. with the Federal Bureau of Prisons.

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  • Sierra259
    Forum Member

  • Sierra259
    replied
    Originally posted by L-1 View Post
    My apologies, it's 836(a)(3). I left the (a) out (but as a deputy, you should have known that).


    A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:

    (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.


    Arrests of this nature are sometimes the result of the person in question being in the wrong place, at the wrong time, under the wrong circumstances, or looking like the wrong person. Often they wind up getting kicked loose 849(b)(1).
    I'm just givin' you a hard time, LT. I thought I had an idea of where you were going, but apparently I skipped a step... in true Deputy fashion....

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  • L-1
    replied
    Originally posted by Sierra259 View Post
    Isn't 836.3 PC about misdemeanor escapees? Do you mean 849(b) PC-Release Without Charges by Peace Officer?
    My apologies, it's 836(a)(3). I left the (a) out (but as a deputy, you should have known that).


    A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur:

    (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.


    Arrests of this nature are sometimes the result of the person in question being in the wrong place, at the wrong time, under the wrong circumstances, or looking like the wrong person. Often they wind up getting kicked loose 849(b)(1).

    Leave a comment:

  • reils49
    Forum Member

  • reils49
    replied
    Originally posted by INcop312 View Post
    Part of the background investigation looks at the people you associate with and this clearly shows you have made some poor choices in who you hang out with.
    Yep. If you were hanging out with people who do coke... I have a problem with that.

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  • INcop312
    Forum Member

  • INcop312
    replied
    Originally posted by Mysteriousnomad View Post
    THIS IS EXACTLY what I am talking about.

    I have my arrest record and my limited criminal history. It states PC possession of cocaine. NC (no charges filed).

    The officer caught my ex girlfriends new boyfriend with the cocaine by the trunk of my car EVEN THOUGH when the officer got on scene the ex was nowhere near my vehicle.

    Regardless, I have this arrest on my record which I can get rid of so I will try that.

    Thank you all for the positive comments.

    I'm surprised that some states don't arrest you on probable cause...it's a PC hold maximum 48 hours whether or not the find evidence TO charge
    Part of the background investigation looks at the people you associate with and this clearly shows you have made some poor choices in who you hang out with.

    Leave a comment:

  • INcop312
    Forum Member

  • INcop312
    replied
    Originally posted by eaker995 View Post
    Well sorry to dissapoint, like the other have said, probable cause is not a crime but a standard to which we have to get to. Reasonable suspision gets the stop, probable cause gets the arrest. Now, if you can post the Gary, Indiana statute that makes "probable cause" a crime along with its classification, misdemeanor or felony and what degree, I'm sure we can take a better look at it. If you can not, than it leads a reasonable officer to determine you are trying to mitigate and "lawyer" your way out without any actual facts that can back it up. If you were arrested on possession of cocain, the officer would have to have PROBABALE CAUSE to make that arrest. Oh, and if you are planning on attempting a career in law enofrcement and get to that phase of the process, dont worry, you'll have your chance to take a poly on the situation.

    In Indiana, for felony offenses, an officer can arrest an individual place him/her in the county jail for up to 48 hours while they build their case against the individual. It is often used in homicide and drug cases to get the offender into jail while the investigators tie up their case. If after the 48 hour mark probable cause affidavits are not submitted the individual is released and charges dismissed. In my experience that doesn't happen all that often.
    INcop312
    Forum Member
    Last edited by INcop312; 08-18-2014, 07:32 PM. Reason: Correction

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  • INcop312
    Forum Member

  • INcop312
    replied
    Originally posted by Mysteriousnomad View Post
    Well in Gary, Indiana they will arrest you because they cannot find anything.

    I was searched with my a friend and her boyfriend at the trunk of my car. The cocaine fell out of HIS pocket and the officer saw that. They charged me with probable cause. I'll be willing to take a poly about that any day.
    I know for a fact that even in Gary they do not arrest people just because they feel like it. The officers in Gary are overworked and have better things to do than arrest people because they feel like ruining someone's day.

    I would say with that arrest on your record any PD in the region is going to automatically DQ you from the process. Also almost all PD's in the area enter their contacts into a joint system and your arrest (sealed or not) would show up by running your name. This would show all contacts you have had with the majority of Lake County police departments. I think it is time to consider a new career path. Good luck.

    Leave a comment:

  • scott50
    Forum Member

  • scott50
    replied
    Originally posted by Mysteriousnomad View Post
    Back in 2009, I was arrested for 'probable cause; possession of cocaine'

    I was never charged and never saw a judge, just released from the jail on a hold.

    I am eligible to have my arrest record sealed BUT since law enforcement can view my arrest record, should I even bother?

    In for advice and/or similar situations
    Even if it can be sealed/expunged you still need to disclose it. Its better to explain yourself up front than have to do it later after they discover it (and they will). Be honest. Your honesty is what will get you the job as your word alone can revoke an individual's freedom. If you are found to be dishonest in anything you can kiss any law enforcement job goodbye. Our integrity is what sets us apart from the animals. Never ever ever ever lie, no matter what.

    Leave a comment:

  • eaker995
    Forum Member

  • eaker995
    replied
    Don't you hate finding something after you post?

    So how did they catch the ex boyfriend in possession when they were not there when the officer was? Unless there is some way to link the substance to the individual directly, they are not in possession. However, if you are present and you have some sort of control over the item, you ARE in possession. The boyfriend may have been arrested on another charge but based on your current story, a possession charge would be hard to prove and stick.

    Anyone else notice the story changing slightly to make it sound in a better light based on the OP idea what we want to hear? This latest rendition makes me chuckles and all I can think of, " these aren't my pants"

    Leave a comment:

  • CeleryGod
    Forum Member

  • CeleryGod
    replied
    Maybe it's just me, but it seems like trying to seal a record would indicate deception on the part of the applicant. Whether it actually is or not, on it's face value the whole issue smells fishy. If there's nothing to it, then just tell the truth in the first place, and if it was meant to work out, it will.

    Leave a comment:

  • eaker995
    Forum Member

  • eaker995
    replied
    Originally posted by Sierra259 View Post
    Isn't 836.3 PC about misdemeanor escapees? Do you mean 849(b) PC-Release Without Charges by Peace Officer?

    And I think "PC" on your rap sheet might not mean "probable cause." What state did this happen in?
    Good point. The OP stated it was Gary Indiana. Perhaps and abbreviation for Possession of a Controlled substance/ Possession of Contraband followed by the type suspected of possessing?
    eaker995
    Forum Member
    Last edited by eaker995; 08-14-2014, 08:40 AM.

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  • Sierra259
    Forum Member

  • Sierra259
    replied
    Isn't 836.3 PC about misdemeanor escapees? Do you mean 849(b) PC-Release Without Charges by Peace Officer?

    And I think "PC" on your rap sheet might not mean "probable cause." What state did this happen in?

    Leave a comment:

  • Mysteriousnomad
    Forum Member

  • Mysteriousnomad
    replied
    Originally posted by L-1 View Post
    I am betting he is talking about an arrest like the ones that show up on California rap sheets as 836.3 PC followed by the charge.
    THIS IS EXACTLY what I am talking about.

    I have my arrest record and my limited criminal history. It states PC possession of cocaine. NC (no charges filed).

    The officer caught my ex girlfriends new boyfriend with the cocaine by the trunk of my car EVEN THOUGH when the officer got on scene the ex was nowhere near my vehicle.

    Regardless, I have this arrest on my record which I can get rid of so I will try that.

    Thank you all for the positive comments.

    I'm surprised that some states don't arrest you on probable cause...it's a PC hold maximum 48 hours whether or not the find evidence TO charge

    Leave a comment:

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