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Where you ever arrested? Question on license application Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Records, Expungement' started by Sharonda, Nov 21, 2015.

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  1. Sharonda

    Sharonda Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Accused of shoplifting on a military installation in Texas earlier this year. I was handcuffed and taken to the MP station by a MP where I was processed, fingerprinted, provided DNA and was released. Will graduate next month and am currently submitting paperwork for a state license with the Texas Medical Board. My question is, is this considered as an arrest? If so, I realize that I must report it. I just wanted to know if it is considered as an arrest or detainment? I was not taken to a civilian jail nor have I appeared before a judge. I was not given a citation to appear before a judge, no conviction.

    Thank you
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Arrest is the apprehending or detaining of a person in order to answer for an alleged or suspected crime.

    You were arrested.

    How you answer the question is up to you but I suggest answering yes with an explanation. But first it would be a good idea to locate the case file and find out what the official disposition of the arrest was, not what you think it was.
     
  3. army judge

    army judge Super Moderator

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    Were you serving in the military at the time of your arrest?

    If you were, your arrest under the UCMJ wouldn't be considered an arrest in the sense of a civilian arrest.

    If you were detained by the MPs, as a civilian dependent, it wasn't LEGALLY an arrest.

    MPs can't arrest civilians.

    MPs can only detain civilians for the sworn DoD Police Officers to decide what is to be done with a civilian detained by the military authorities.

    If the matter was never referred to the Assistant US Attorney, it was disposed of civilly.

    In the latter case, you can safely say you haven't been arrested, IF that is the only NEAR ARREST you suffered.
     
  4. Sharonda

    Sharonda Law Topic Starter New Member

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    I was not serving in the military at the time of my arrest. I needed some advice on how to answer the arrest question based on this incident. A fingerprint background check is required when applying for a license. I don't know if it was ever referred to the Assistant US Attorney. This happened more than six months ago.
     
  5. army judge

    army judge Super Moderator

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    At the time, what was your status while on the military installation?
     
  6. Sharonda

    Sharonda Law Topic Starter New Member

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    Retiree and dependent.
     
  7. army judge

    army judge Super Moderator

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    You, nevertheless, were a CIVILIAN at the time of this incident.

    That means you can honestly say you weren't arrested.

    Good luck to you!!!!
     
  8. Sharonda

    Sharonda Law Topic Starter New Member

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    Thank you for your advice!
     
  9. Sharonda

    Sharonda Law Topic Starter New Member

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    One more question, I know you said I can answer that i was not arrested, but my question is will the arrest/detainment incident show up on the FBI's fingerprint background? I guess that should have been the question I asked.

    Thank you
     
  10. army judge

    army judge Super Moderator

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    It's very hard to know for sure.

    Legally, the military police can ONLY arrest military personnel on active duty,or reservists, guardsmen on weekend or active duty.

    The DoD police can arrest anyone, as they are sworn federal law enforcement agents.

    You weren't arrested, based on your responses, I'd say the fingerprint cards and mugshot weren't submitted to the FBI.

    Most likely they were retained locally for AAFES purposes.


    If ALL of that's true, you probably can take your chances and answer NO.

    What have you got lose at this point? NOTHING.

    Take your best shot, and see.

    You can pay about $25 and check yourself out on

    www.publicdata.com

    Or one of the other online records check services, such as:

    www.spokeo.com
     
  11. Sharonda

    Sharonda Law Topic Starter New Member

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    I will take your advice and do the background check on myself. That way I won't run into the possibility of having my license denied because I wasn't honest. Thank you
     
  12. KJCa

    KJCa New Member

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    I am going through something similar and was wondering how your endeavor turned out? Did you ever receive a court summons and did anything show up on your fingerprints/background check? Thanks!
     
  13. Highwayman

    Highwayman Well-Known Member

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    After 10 months it's doubtful that the OP is still around to answer your questions.
     

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