Tag Archives: background check

The fundamental rights of a person are basic liberties and civil privileges granted to a citizen of any country for its people. They may range from the right to possess/own properties, freedom to travel, suffrage (basic right to participate in public voting), and many other similar entitlements.

When a person is arrested for legitimate, sufficient and substantial grounds, his civil rights are automatically suspended or revoked pending the ruling and adjudication. Thus, he/she is automatically placed under the custody of law enforcement/military authority securing his stature. 

Even though an arrested person is automatically presumed innocent unless proven guilty by a competent court, an arrested person eventually suffers the bias treatments of the free citizens of any country. It is the stigma of the harsh interpretation and enforcement of the law.

When summed up, an arrested person is automatically branded for the rest of his/her life. Even at some point, the guilt was not proven and later cleared by the court, his/her stature is forever tarnished. His dignity and reputation suffered a moral damage. The effect is irreversible. 

In most countries, however, a previously arrested person can file for a petition to clear his/her arrest record. When he/she has satisfied all the requirements for such appeal, he/she then can avail.

It should be emphasized, however, that his/her court records will not be destroyed or erased. The court will simply not allow anyone to see or use his/old records and put them in an archive. He/She is declared cleared but forever recorded in court history.

If the arrested person was convicted, his/her fundamental rights are totally revoked and suspended. On the other hand, he/she was not convicted, his/her fundamental rights are restored. At some point, however, his/her arrest record will become an impeding factor in job hunting, settlement, and/or community integration.