Comm
Regular Member
OK, I have been here for a while, and have gotten many good answers to questions. But, here is one that has bothered me for some time. It's a long story, and I hope I don't bore you with the details...
I was working as a Maintenance supervisor at an apartment complex in Lexington many years ago. One of our duties was to do evictions. Now we always got a LEO on site to make sure we didn't steal anything when the Home owner was not around. We would take their stuff, and set it on the street corner, and change the locks.
On one case, we evicted this guy and his wife. We followed properly procedure, and had an LEO on site just as always. The LEO tried 3 times to call the owner to tell him he was being evicted. Now if you have ever seen an eviction, especially around apartments, it's like buzzards circling overheard waiting for the LEO to leave, then it's fair game, and we were not bound to watch their stuff.
Well, this guy comes home, and finds that most of his belongings were gone. He yelled at the manager, and me for not telling him, and we pointed out the LEO tried to call him several times. He got mad and left the apartment office, and filed an arrest warrant for me and the manager. Now filing for an arrest is so easy, and I think this needs to change. All it takes is 4 dollars, and a file saying I saw someone break into a house, and the LEO's will be arresting you that night, which is what happened to me.
I got a lawyer, and went to a hearing, in which case the lawyer demanded a court date. He said you don't want them to get a case on you, so he demanded a date. He also got an investigator to look into the charges of theft by unlawful taking which is what the guy that was evicted filed against us. I should mention that this guy had 4 pages of arrests, and parole violations, and drug charges, while I did not even have a speeding ticket.
On the day of our court date, the lawyer and I went to the court house. No one was present. No judge, or people in the room. The lawyer checked and said the case was dismissed, meaning that we were clear and the case was dropped due to the investigator testifying for me and the manager.
I thought every thing was ok, until I filed for my CCW permit. Ky State police mailed back my app saying it had an arrest on it, of theft by unlawful taking. I thought it would be expunged automatically, but it didn't. Anyway, I had a lawyer friend tell me to get the court doc's saying that the case was dismissed, and had it sent to KY police, and got my CCW.
Now, if I am ever stopped, OC, or CC, and they run that check, will it come up that I have that arrest? My lawyer friend says that since it's been several years, I cannot get it expunged?
Any ideas/comments??
Sorry for the length of the story...
I was working as a Maintenance supervisor at an apartment complex in Lexington many years ago. One of our duties was to do evictions. Now we always got a LEO on site to make sure we didn't steal anything when the Home owner was not around. We would take their stuff, and set it on the street corner, and change the locks.
On one case, we evicted this guy and his wife. We followed properly procedure, and had an LEO on site just as always. The LEO tried 3 times to call the owner to tell him he was being evicted. Now if you have ever seen an eviction, especially around apartments, it's like buzzards circling overheard waiting for the LEO to leave, then it's fair game, and we were not bound to watch their stuff.
Well, this guy comes home, and finds that most of his belongings were gone. He yelled at the manager, and me for not telling him, and we pointed out the LEO tried to call him several times. He got mad and left the apartment office, and filed an arrest warrant for me and the manager. Now filing for an arrest is so easy, and I think this needs to change. All it takes is 4 dollars, and a file saying I saw someone break into a house, and the LEO's will be arresting you that night, which is what happened to me.
I got a lawyer, and went to a hearing, in which case the lawyer demanded a court date. He said you don't want them to get a case on you, so he demanded a date. He also got an investigator to look into the charges of theft by unlawful taking which is what the guy that was evicted filed against us. I should mention that this guy had 4 pages of arrests, and parole violations, and drug charges, while I did not even have a speeding ticket.
On the day of our court date, the lawyer and I went to the court house. No one was present. No judge, or people in the room. The lawyer checked and said the case was dismissed, meaning that we were clear and the case was dropped due to the investigator testifying for me and the manager.
I thought every thing was ok, until I filed for my CCW permit. Ky State police mailed back my app saying it had an arrest on it, of theft by unlawful taking. I thought it would be expunged automatically, but it didn't. Anyway, I had a lawyer friend tell me to get the court doc's saying that the case was dismissed, and had it sent to KY police, and got my CCW.
Now, if I am ever stopped, OC, or CC, and they run that check, will it come up that I have that arrest? My lawyer friend says that since it's been several years, I cannot get it expunged?
Any ideas/comments??
Sorry for the length of the story...