{"id":756,"date":"2010-02-25T10:55:53","date_gmt":"2010-02-25T16:55:53","guid":{"rendered":"http:\/\/bgs.com\/?page_id=756"},"modified":"2010-02-25T10:55:53","modified_gmt":"2010-02-25T16:55:53","slug":"collateral-effects-of-arrests-what-you-need-to-know","status":"publish","type":"post","link":"https:\/\/www.bgs.com\/blog\/2010\/02\/25\/collateral-effects-of-arrests-what-you-need-to-know\/","title":{"rendered":"Collateral Effects of Arrests – What You Need to Know"},"content":{"rendered":"

By Jon P. Erickson and Shawn D. Stuckey
\nSummer 2007 BGS In Brief Newsletter <\/em>
\nWhen a person is convicted of a crime, they are subject to the direct and collateral effects of a conviction.\u00a0 But what happens when a person is arrested for an offense and the case is either not charged, or the person is found not guilty?\u00a0 Most people think that the arrest record is either thrown out or sealed.\u00a0 Many are unaware that anyone can have access to that information for years to come.\u00a0 Some of whom could use this information to make determinations of capability for employment and housing.\u00a0 Others who posses the capacity, and many times do, to make the person’s arrest known to the world.\u00a0 Unless actions are taken now by the person who is the subject of the arrest record, a person who was arrested many years ago may still be denied employment, housing, or have his name published for all to see.
\nCollateral effects are invisible, civil punishments attached to any crime and arise immediately following an arrest.\u00a0 In the past, the public could not easily access criminal history records.\u00a0 Today, technology has greatly increased the public’s accessibility to criminal records.\u00a0 Employers, landlords, newspapers, data harvesters, and any member of the public, have access to almost every single arrest record.\u00a0 The only ones that are protected are those that are sealed and\/or removed completely.\u00a0 Thankfully, this is an option available and may be accomplished with the assistance of a capable and knowledgeable attorney.
\nI. What Happens to One’s Arrest Information?<\/strong>
\nAfter one is arrested, a record of his arrest along with any other identifying information is kept at the arresting agency and also reported to Minnesota’s Bureau of Criminal Apprehension (BCA).\u00a0 The BCA then keeps a record on file for that person. Any member of the community may go online, go to the BCA, or any authorized dissemination terminal and receive conviction data on an individual.\u00a0 Public accessibility of conviction information is arguably justifiable considering criminal and civil liability associated with due diligence requirements.\u00a0 However, not all who are arrested are guilty.\u00a0 In fact, statistics show that many people arrested are not ultimately convicted.\u00a0\u00a0 Nevertheless, any member of the public may contact the arresting agency and receive any arrest information on an individual who has been arrested.\u00a0 The arrest information includes, but is not limited to: name, age, address, nature of the charge, time and place of arrest, arresting agency, and information as to whether an individual has been in incarcerated and the place of the incarceration.
\nAdditionally, information gatherers better known as “data harvesters” or “data verifiers”have complete access to a person’s arrest information.\u00a0 Data harvesters are people who go to dissemination terminals in courthouses, law enforcement centers or the BCA, and gather information on any individual who has been arrested in that particular jurisdiction.\u00a0 Those individuals then sell that bulk information to anyone who is willing to buy.\u00a0 The legislature has gone to considerable means to make arrest information electronically inaccessible.\u00a0 This, however, astronomically increases the value of the data harvesters.
\nFurthermore, newspapers have access to the arrested individual’s information regardless of the outcome of the charge.\u00a0 In other words, someone whose arrest was dismissed many years ago, may still have his arrest information\u00a0 reported by newspapers.\u00a0 Since the disposition of that charge is many times unknown, the newspapers may neglect to report that the charge was ultimately thrown out.
\nII. What are the Collateral Effects of Arrest?<\/strong>
\nAn arrest results in two types of consequences: direct and collateral.\u00a0 Direct consequences flow directly from a conviction (e.d. the sentence and\/or fine).\u00a0 In contrast, collateral consequences, better known as collateral effects, are “civil and regulatory in nature and are imposed in the interest of public safety.” Collateral effects have a legally binding result on arrested individuals in Minnesota.
\nCollateral effects of arrest operate to hinder the progress of citizens in Minnesota through many ways; but most importantly, the denial of jobs and housing.Over eighty percent of large employers use criminal history checks in the hiring process. Over sixty percent of employers indicate that they probably would not or definitely would not hire someone with a criminal record, including those with only an arrest record containing no conviction.
\nEmployers are not supposed to use arrest information alone to disqualify individuals; however, the reality is that many of them do. If one is arrested and has not taken efforts to expunge her arrest data, there is a highly significant chance that she will be denied employment.
\nSimilarly, private landlords perform background checks which many times unfairly disqualify an individual. The landlord may refuse to rent the apartment or house to someone who was justifiably or unjustifiably arrested for a crime and failed to seek the proper corrective measures through an attorney.
\nAdditionally, applications which ask if an individual has ever been arrested for a crime may be a hindrance to an individual with an arrest record.\u00a0 Most employers and landlords actually disqualify more individuals for reasons relating to truthfulness and “moral turpitude,” when the individuals refuse to reveal the information when asked. If one seeks the advice of a qualified attorney, one’s arrest information can potentially be sealed and\/or removed so that the person is not forced to hide this information.\u00a0 The person will lawfully be able to deny the arrest.
\n
\nIII. What Can Be Done to Protect Information ? <\/strong>
\nAn individual who would like to seal, and in many cases, completely remove his arrest information from the public may do so with a knowledgeable attorney.\u00a0 First, decide if your arrest was dismissed before it was charged.\u00a0 If all charges were (1) Dismissed prior to determination of probable cause; or (2) The prosecuting authority declined to file any charges and a grand jury did not return an indictment and you ere not convicted of felony or gross misdemeanor within a ten year period immediately prior to the arrest, then a person need only submit a request for the return of their records to the arresting agency.
\nSecond, if all charges were dismissed, but after determination of probable cause and after charges were filed, than a person must request an expungement.\u00a0 Expungement is the removal of a conviction from a person’s criminal record.\u00a0 An expungement only seals a person’ criminal record; it does not destroy it.
\nAnother mechanism available to protect arrest information is judicial pardon.\u00a0 Although the constitutional and statutory authority for Minnesota pardons is limited to granting clemency fo “convictions,’ they can, in rare cases, address arrest information.
\nIV. Conclusion<\/strong>
\nWith the increase of accessibility to criminal history records through the advent of technology, and the decrease of protection of those same records through recent laws and court decisions; an arrest record is extremely accessible.\u00a0 Our criminal justice system is supposed to operate to give individuals an chance at rehabilitation, not punish people forever for\u00a0 mistakes.\u00a0 If anyone has ever been arrested, or cards for someone who has ever been arrested, the best option is to consult an attorney immediately to ensure that person’ s information and privacy will be protected.\u00a0 This is why it is important that you act to seal your information today!<\/p>\n","protected":false},"excerpt":{"rendered":"

By Jon P. Erickson and Shawn D. Stuckey Summer 2007 BGS In Brief Newsletter When a person is convicted of a crime, they are subject to the direct and collateral effects of a conviction.\u00a0 But what happens when a person is arrested for an offense and the case is either not charged, or the person is found not guilty?\u00a0 Most people think that the arrest record is either thrown out or sealed.\u00a0 Many are unaware that anyone can have access to that information for years to come.\u00a0 Some of whom could use this information to make determinations of capability for employment and housing.\u00a0 Others who posses the capacity, and many times do, to make the person’s arrest known to the world.\u00a0 Unless actions are taken now by the person who is the subject of the arrest record, a person who was arrested many years ago may still be denied employment, housing, or have his name published for all to see. Collateral effects are invisible, civil punishments attached to any crime and arise immediately following an arrest.\u00a0 In the past, the public could not easily access criminal history records.\u00a0 Today, technology has greatly increased the public’s accessibility to criminal records.\u00a0 Employers, landlords, newspapers, data harvesters, and any member of the public, have access to…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[13],"tags":[],"coauthors":[],"yoast_head":"\nCollateral Effects of Arrests - What You Need to Know - Barna, Guzy & Steffen, LTD.<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.bgs.com\/blog\/2010\/02\/25\/collateral-effects-of-arrests-what-you-need-to-know\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Collateral Effects of Arrests - What You Need to Know - Barna, Guzy & Steffen, LTD.\" \/>\n<meta property=\"og:description\" content=\"By Jon P. Erickson and Shawn D. Stuckey Summer 2007 BGS In Brief Newsletter When a person is convicted of a crime, they are subject to the direct and collateral effects of a conviction.\u00a0 But what happens when a person is arrested for an offense and the case is either not charged, or the person is found not guilty?\u00a0 Most people think that the arrest record is either thrown out or sealed.\u00a0 Many are unaware that anyone can have access to that information for years to come.\u00a0 Some of whom could use this information to make determinations of capability for employment and housing.\u00a0 Others who posses the capacity, and many times do, to make the person’s arrest known to the world.\u00a0 Unless actions are taken now by the person who is the subject of the arrest record, a person who was arrested many years ago may still be denied employment, housing, or have his name published for all to see. Collateral effects are invisible, civil punishments attached to any crime and arise immediately following an arrest.\u00a0 In the past, the public could not easily access criminal history records.\u00a0 Today, technology has greatly increased the public’s accessibility to criminal records.\u00a0 Employers, landlords, newspapers, data harvesters, and any member of the public, have access to...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.bgs.com\/blog\/2010\/02\/25\/collateral-effects-of-arrests-what-you-need-to-know\/\" \/>\n<meta property=\"og:site_name\" content=\"Barna, Guzy & Steffen, LTD.\" \/>\n<meta property=\"article:published_time\" content=\"2010-02-25T16:55:53+00:00\" \/>\n<meta name=\"author\" content=\"Jon P. Erickson\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Jon P. 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