Would this show up as an arrest record?

jtvang125

Diamond Member
Nov 10, 2004
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Always wondered if I have this from an incident back when I was a minor. I didn't commit the crime myself but was with someone that did. I was not aware of his intentions but since I was with him we were both arrested, handcuffed and I was placed in the squad car. I can't remember if I was read my Miranda rights while I was handcuffed. While in the car I was interrogated and my name and address taken down. However I was released over to my parents and not taken in. I think because I was not charge? The other kid was taken in.
 

lxskllr

No Lifer
Nov 30, 2004
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Shouldn't, You weren't arrested. Always hard to say with bureaucracy though. Government is like a random event generator. You start up the engine, and who knows what'll happen?
 

BarkingGhostar

Diamond Member
Nov 20, 2009
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If you were released to your parents I am inclined to believe you were a minor. Even if prosecuted as a minor your records should have been sealed, no?
 

FirNaTine

Senior member
Jun 6, 2005
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From your description it does sound like detention and not an arrest. But, you can be arrested and then let go without going to "jail," police station etc. Usually you end up with a criminal citation that you'll have to answer for at some point. Another option on minor misdemeanors is for the cop to the release you, and file the charges against you. I see this sometimes on minor charges that need medical treatment so the officer does not have to the hospital with the arrestees. Think a shoplifter that has chest pain after the cuffs are applied. If they have positive ID (license etc.) They can basically "unarrest" and then charge later.

All of these scenarios should lead to some court appearance later (though it could be handled by attorney in your absence in certain circumstances).

It's not uncommon to see an investigative detention with cuffs, then release you to parents and forward report to detectives/local prosecutor to decide on charges.

But, I'm not a lawyer. If a minor arrest like that could cause you issues, say on a background check, I'd consult a lawyer. If not sure, and you have to answer quickly I'd disclose it with explanation that you're not sure.

Even highly stringent background checks know people aren't perfect, but are more interested in total honesty. Theory being if you've already disclosed it to work, it can't be used to blackmail you later. If you hide it, it could and also starts you off with trust issues with work.
 

Red Squirrel

No Lifer
May 24, 2003
71,061
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www.anyf.ca
To be safe I'd look into one of those pardon services that can clean your record. Not sure how effective those services are though? Would need to do more research. This is only really a big issue if you are trying to find a job though. As most jobs require a criminal record check.
 

aigomorla

CPU, Cases&Cooling Mod PC Gaming Mod Elite Member
Super Moderator
Sep 28, 2005
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Im assuming your talking about a felony, because 95% of the time most jobs wont care about anything less unless its a DUI or Shop lifting, which then goes back to:

did u see a judge?

If yes, then, most likely it is on your record.
If no, then no, you were just detained, and then let go because they didn't have enough to hold you.