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I am living on the west coast and helping a family friend
(KJ)relocate from NY and start over after a very messy girlfriend breakup. As I assist him with job applications a previous arrest constantly rears its ugly head:
Location: New York Year: 1998-1999
Scenario: After she was caught in the act, KJ asked her to leave. She refused. They were living together in his home for 6 years. Her name was not on the lease. He suggested that she contact her family and remove her belongings. She left the home and returned with the police officers. The police ascertained that her name was not on the lease. She then said, "What if I tell you he has an illegal gun?" KJ was shocked. He did not agree to a search. She told them where the gun was. He was arrested for possession of an illegal firearm. The gun returned clean. First offense=90 days probation. His court appointed Legal Aid attorney did not focus on the illegal search.
Questions: 1)Have the statute of limitations passed for KJ to sue the police department? 2)Are there legal grounds to have the record expunged? 3)If the job application reads: "In the past eight years have you been convicted?.." Should we submit the above scenario on every application?