Originally Posted by EightEightteen

In Mass if you get arrested for a crime that you did not commit, your arrest record cannot be cleared because the state only seals records and doesn't expunge them. During a background check police departments will see that you have a sealed record on file and assume you just got off on a technicality. The DA says that he wants to retain this information just incase you are in a gang and they want to find known associates by your arrest information. Anyone else think that these records should be tossed out?

Originally Posted by j809

I think there should be something where it can tossed completely. A Massasoit PD sergeant was wrongly charged and arraigned for something that another larger state agency screwed up on. Once it is at arraignment it is on the BOP, forever. The case was immediately tossed and charges were dismissed. Yet he has a BOP now which cannot be expunged. He shouldn't have to explain himself when he applies for a job, an LTC or gets stopped for a MV violation and officer sees a gun charge on his BOP. Yes the system in MA sucks and needs to be addressed.

Originally Posted by j809

Yes but he and his attorney already called CHSB and courts, it can NEVER be expunged completely.

Originally Posted by justanotherparatrooper

let me get my popcorn and beer......this is gonna be fun

Originally Posted by Q5-TPR

I know it is in violation of Gen Order #1, but para, please pass me a cold one!

Originally Posted by Q5-TPR

I know it is in violation of Gen Order #1, but para, please pass me a cold one!

Originally Posted by Gil

Ah shit I can't drink when I come to visit?

Originally Posted by j809

I think there should be something where it can tossed completely. A Massasoit PD sergeant was wrongly charged and arraigned for something that another larger state agency screwed up on. Once it is at arraignment it is on the BOP, forever. The case was immediately tossed and charges were dismissed. Yet he has a BOP now which cannot be expunged. He shouldn't have to explain himself when he applies for a job, an LTC or gets stopped for a MV violation and officer sees a gun charge on his BOP. Yes the system in MA sucks and needs to be addressed.

Originally Posted by Gil

You come to a pro police site and ask this?



Because that's what usually happens.



No

Originally Posted by mtc

I think you're lost hunny - if you were arrested, it's because you committed a crime.

Cambridge is that way...... no..... that way.... really!

Originally Posted by USMCTrooper

I'm not a fan of expunging a record esp since most of us here know the arrest is valid.....


.....however, 6 years ago I was told a story by a Superior Court prosecutor about a guy who was clearly, plain and simple, wrongly charged with murder.

Originally Posted by Gil

Because that's what usually happens.

Originally Posted by Crvtte65

hahah i thought the same exact thing. Kinda like when people come and complain about the tickets... "you know that sometimes the cop gets it wrong, it was the other car".... noooo sorry I am not aware of that problem

Originally Posted by mikemac64

There are cops, and we all know some, who have BOP's. If you got a disorderly down the cape when you were 17, or minor in possession, or something like that, you probably won't have a problem in most situations. It all depends on what the reports say. And even the most half assed BI will get those reports.

It depends not only on the crime, but the circumstances surrounding the crime, and also the disposition.

Now, if someone is exonerated, not a NG, but exonerated, I might not have an issue removing it. I apply this to someone who was truly framed/mis ID'd/etc (anyone remember Kenny Connoly)? But I think those cases are truly few and far between, especially since a NG does not necessarily mean innocent.

Originally Posted by EightEightteen

The problem with NG not necessarily meaning innocent is that our system is based on being innocent until proven guilty

Originally Posted by mikemac64

Kid, you got some love from some of us here. I am a cop in a medium sized city, and there was a Trooper who gave you some too as well as some others.

Put it all out there and let us see what a model citizen your brother is. What was he charged with? What was the disposition? What else is on his record? Were there victims? Otherwise this is an abstract academic conversation.

Originally Posted by mtc

"

Fess up pup! What'd your brother do? For real, like his whole in-court career?

Originally Posted by Tuna

What's the issue with explaining it, if it was a mistake so be it. A large amount of arrests come from having "heads up" on the nitwit your dealing with. The BOP is a great tool to have at your disposal

Originally Posted by EightEightteen

His ex is a little off-balanced to say the least and had him arrested for domestic. The charges were dropped at arraignment. Maybe I'm wrong and he really did smack her around, but I doubt it.

Originally Posted by EightEightteen

Ive sat on too many oral boards to not know how a dismissal on a record is always a negative, regardless of the excuse.