I know at my work the only question allowed is if you have been convicted. We do not want to know if you have been arrested, since it could taint our judgment if you were not convicted. Not hiring someone because they had been arrested but not convicted is not only amoral but illegal. Only convictions may be held against a prospective employee. Secret clearance huh Rodeo? Lucky you didn't have to do the top secret, they sent around FBI agents to my neighborhood growing up for that one.
Honestly, it doesn't matter. Chances are if he was booked- his fingerprints are in the database, which can even be world wide. I'd say he has a nice lawsuit agaisnt the police department or the store on his hands for wrongful imprinsonment.
While your points are valid, lets not forget a little something called the internet and the fact that he was arrested. If posted in the police reports this will be available online for many years regardless of if this was a "mistake due to ignorance" or not. Anyone can google a name and if a police report comes up saying that they were arrested, it might as well be a conviction and is a near permanent mark against their name. When is the last time you saw an apology in the police reports to clear the name of someone falsely accused? I steadfastly agree with you that in most cases suing does not solve anything, but had this policeman been held personally responsible for his "mistake", chances are it never would have happened.
IMO, there was absolutely no reason to arrest, book, and jail the guy. The store clerk may have thought it was a fake bill, but unless he knew it was fake, why would he even call the police. And when the police came, why would they take this guy into custody, unless the guy was resisting arrest, in which case, the police don't have to worry about anything. It's one thing to file for a wrongful arrest, and wrongful imprisonment, based on a clerk saying the bill is fake. It's another to resist arrest on that. That would be a problem. All the police have to show is reasonable cause for whatever they took him in for. I somehow think this may not be the whole story. But the police will most likely be covered for having a reasonable cause, or because they acted in good faith on the complaint of a business. The likeliness of the store having the benefit of the doubt is less. All the guy needs to do is sue the clerk and the store for negligence in knowing what bills are legal in our country and acting in a manner that could reasonably lead to someone's arrest. I think a good lawyer could make a case that the store's actions were the perquisite for this, and that the store has damaged the customer, through the actions of the police.
Absolutely Kasia. Also, I must say that background checks by employers are FAR more in depth than has been suggested. Our newpaper prints daily arrest reports. I live in a small town, where most business owners all know each other and socialize together. They all talk freely "off the record". To believe that they don't simply because it's illegal is naive. A few million in the bank is a special kind of license around here. I have a CNA license. I watched one resident stick another's hand right through to the table with a dinner fork. Management threatened to fire anyone who told the family. I was moved to the still-under-construction facility next door where they had moved in a vulnerable adult without even a phone connected in the building. If I (all alone) needed help, I had to use a walkie talkie and call out to another building. The last straw was when they ran out of gloves. I asked politely to be left a key to the storage shed to get gloves as I needed them. (Small handed women use large gloves the fastest BTW ) The manager (owner's daughter) screamed at me to not tell her how to do her job. Well, then it was deer season so I called the state, filed a report, (though when I told them I'd just quit they blew me off. actually told me they don't give much credit to EX-employees) and stayed in the woods huntin for the entire season! Needless to say, CNA work is hard to find for me. I've worked at so many crooked places it is NOT funny. Ever HAD to sue for your hourly wages? I HAVE. Ever been told you weren't getting a W-2 because you weren't actually a company employee; that you were PERSONAL LABOR? And when asked why they took out "taxes" told firmly to get out? I HAVE. I was going to court for something while looking for a job. The courtroom process is s-l-o-w. It SHOWS UP on your background check when your case is pending. Ever pay a monthly service and run a check on yourself? It's very interesting what $30/mo. can buy.
So tell me, what does he have to worry about if he's not a criminal or planning to do any crimes in the future? I take it you didn't read any of the posts in regards to the sue happy America we live in did you?
Arrests are public records but like I stated above in my previous posts, most employers do not check for arrests, only convictions. Sounds to me like you should just move.