I live in new jersey. I was told by the police that I was under arrest for a disorderly conduct offense, however I was never fingerprinted and no mug shot was ever taken. I was handcuffed and brought into the station and put into a holding cell for about a half hour. I was given a complaint which looked like a parking ticket and released. No bail or anything like that.When I went to court the chargr was knocked down to a municipal ordinence, no criminal record.I recently had a criminal backround check done through the state police system in new jersey. No arrest came up record is clean. I called to ask if an arrest would come up they told me yes if you were fingerprinted. I was not!!My question is was I technically arrested? Are there other data bases employers use for criminal backround checks. I need to know how to answer this question on employment application and license renewal for RN.So called arrest occured on 08/28/2009 backround check done on 01/19/2010 came up clean.
State/Country relating to Question: New Jersey
It sounds like they ended up charging some kind of municipal noise ordinance violation. On employment applications, the question is whether you've ever been convicted of a crime. Your answer to that is "no". They don't ask you about just being arrested.
Ok on employment app this is true I guess. That does not answer my question was I tecnically arrested?
Yes. Arrest is a technical term and technically you were arrested. An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. In your case you were actually physically taken into custody and lost the ability to control your own movements for a short period of time.
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