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They can ask if you have ever been arrested, and you can explain what happened an arrest does not mean you did anything wrong.
Only convictions show up on a background check.
See my post above where does it show the # of arrests or what they were , it shows convictions not accusations.
Last edited by snofarmer; 10-05-2012 at 10:33 AM..
Arrests are not recorded excpet in the police blotters. You do nto end up with a record without a conviction.
the article does not provide enough facts, but based on what is there, they City or county may end up liable for the wrongful arrest. They will settle quickly in all likelihood.
The dealership woudl be foolish to give the guy anyhting unless they get a release in return. If they settle with him they had better make it very well publicized. Still, they will probably need to change the name of the dealership.
By "just about everything" you mean the last paragraph...
A civil matter? A stolen vehicle isn't a civil matter. That's criminal. The civil case was the disagreement about the contract but the dealership reported the vehicle STOLEN. That's a criminal case. There's a protocol the police follow for such things. Vehicle was reported stolen, and person is seen in possession of reported vehicle...They acted correctly even if it seems harsh or morally wrong. You can blame the dealership for making a false accusation.
Just because they are employed nearby doesn't prove anything.
Ah a conspiracy theorist too.
Yes, the last paragraph, I will go along with that. Now, lets see, the buyer I am sure had all the papers in hand. That alone should have been enough for the police to consider this questionable, and , possibility a civil matter. You do not throw someone in jail for something where the person has all the papers that show the deal was legit. Conspiracy theorist,? No I was reacting to the ease of the Police taking the dealers side right out of the box.You do not do that if all relationships are equal. The most the police should have done was to escort the buyers back to the Dealership and try to straighten it out. hOWEVER, if I were the Nurse, knowing he had just scored a real deal, and the sales manager was trying to cover his ass by reporting false claim to the police. I would not have gone quietly back to the Dealer, nor would I have sat still one minute with out demanding an attorney. Yes , it WAS the police that Was the problem. Why do you think we all ever heard about this at all ? , It was cause the man was arrested. There was ample time within an hour or so, to see this was not on the surface anyway a criminal case. That decision would have been up to the DA , whom the Police should have contacted post haste . They did not have probable cause for the arrest.
Arrests are not recorded excpet in the police blotters. You do nto end up with a record without a conviction.
the article does not provide enough facts, but based on what is there, they City or county may end up liable for the wrongful arrest. They will settle quickly in all likelihood.
The dealership woudl be foolish to give the guy anyhting unless they get a release in return. If they settle with him they had better make it very well publicized. Still, they will probably need to change the name of the dealership.
^^^^^^^^^^^This....
Law enforcement then picked Sawyer up and held him for four hours before getting the situation straight.
Most employers don't ask if you've been arrested, they ask if you've been convicted.
His background check will not show an arrest for questioning. Its actually not even an arrest, they took him in for questioning. The police have protocol, dealership made claim, Police did their job. they had to track down the individual as quickly as possible, think if it had been stolen... The dealership will suffer, yes, his vehicle will most likely be free, or, at the agreed upon price on the contract, and he will probably get a settlement out of court. atty fees and some punitive damages. Normally 3 times the amount of whatever the vehicle or problem was worth, so, $125k to $200k.
Law enforcement then picked Sawyer up and held him for four hours before getting the situation straight.
Most employers don't ask if you've been arrested, they ask if you've been convicted.
His background check will not show an arrest for questioning. Its actually not even an arrest, they took him in for questioning. The police have protocol, dealership made claim, Police did their job. they had to track down the individual as quickly as possible, think if it had been stolen... The dealership will suffer, yes, his vehicle will most likely be free, or, at the agreed upon price on the contract, and he will probably get a settlement out of court. atty fees and some punitive damages. Normally 3 times the amount of whatever the vehicle or problem was worth, so, $125k to $200k.
Him being a nurse, employers may also ask about arrest since nurses have access to narcotic medication.
Dealership is still in the wrong. Manager should have charges of filing a false police report, and the owner needs to do some major butt kissing and PR work.
Dealership is still in the wrong. Manager should have charges of filing a false police report, and the owner needs to do some major butt kissing and PR work.
Well yes, I do realize they don't expect $2.2m. Still, filing a suit claiming $2.2m in damages for being held for 4 hours IMO borders on legal malpractice.
I have plenty of sympathy for this individual too. The dealer was extremely negligent and wrong. Cops should never have been called. Still, this doesn't justify a huge windfall. This guy could not have suffered much in the way of realistic financial damages due to being held by police for 4 hours.
Maybe not financial, but what if bubba made him his BBF for those 4 hours.
So he gets the SUV for free, maybe another $25K in damages plus legal fees and the entire management staff at the dealership gets fired. Its a win/win situation for everybody.
If you overpay at a car dealer can you have the dealer arrested?
On my first loan, the officer called me up three days later and told me that they needed an extra $2k from me because I was a first time buyer. I'd signed the papers, had them on my table, the car was in my driveway, it was literally MY car. I told him that there was no way I was going to come back and give him any more cash; he told me that the bank would invalidate the loan and come repo the car. I asked if I could speak to someone at the bank. He balked and put me on hold, then said he would have them call.
Call comes about five minutes later and it's a local number. I ask him what number I can call him back at, and he gives me a local number. I ask him why he's not giving me a Northern CA number since that's where the loan servicing department on my contract is. He bumbles through telling me he's a "field officer." I thank him, hang up, call the bank, and they say that the loan is totally done, the car is mine, and they don't have an employee by the name he told me.
I complained to the owners of the dealership and of course they seemed like the could've cared less. Didn't shock me when the dealership closed maybe a year or so later. I heard it was because of a class-action suit...
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Still, filing a suit claiming $2.2m in damages for being held for 4 hours IMO borders on legal malpractice. 
