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Arrest Record Discrimination Georgia

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  • Arrest Record Discrimination Georgia

    Any rule against using arrest records, as opposed to conviction records, in GA? Couldn't find a definitive answer.

  • #2
    I can't find any, but while not specifically prohibited, Federal law SERIOUSLY frowns on using arrest records as opposed to conviction records, since it can create an adverse impact on certain races.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      What possible bearing could an arrest record without a conviction have on anything. Totally innocent people have been arrested, sometimes even wrongfully, on a variety of charges that ended up being completely baseless.

      cbg is right the feds do take a very dim view of holding an arrest record against anyone. Innocent until proven guilty in a court of law means exactly that, INNOCENT! No conviction no crime. Any arrest that does not result in a conviction should be expunged from the record, IMHO. It serves NO VALID purpose to keep arrests on a person's criminal record when there is NO CONVICTION.
      Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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      • #4
        Ga. (all employers) - Generally, there are no limitations on inquiring or using arrest & conviction information but one major exception concerns convictions under the Ga. First Offender Program. With limited exceptions, a discharge under the program "is not a conviction of a crime under the laws of this state & may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector."
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Originally posted by Kick Me View Post
          What possible bearing could an arrest record without a conviction have on anything. Totally innocent people have been arrested, sometimes even wrongfully, on a variety of charges that ended up being completely baseless.

          cbg is right the feds do take a very dim view of holding an arrest record against anyone. Innocent until proven guilty in a court of law means exactly that, INNOCENT! No conviction no crime. Any arrest that does not result in a conviction should be expunged from the record, IMHO. It serves NO VALID purpose to keep arrests on a person's criminal record when there is NO CONVICTION.
          I agree with the majority of your post, except for the no conviction no crime part.

          OJ.
          Robert Blake.
          Phil Specter.
          Please no private messages about your situation.

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          • #6
            Originally posted by moburkes View Post
            I agree with the majority of your post, except for the no conviction no crime part.

            OJ.
            Robert Blake.
            Phil Specter.

            Score one for moburkes, I actually have to agree when put in that context.
            Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

            Comment

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