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alexandriabrown @alexthechick
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On false accusations and job interviews - a thread in which I explain some of the bases for my apoplectic rage at the disgusting sophistry of the entitled white man who thinks he deserves a job rhetoric.
A few years ago, we had a client whose ex wife accused him of physically assaulting her. She had medical records, she filed charges with the police, she had pictures of her injuries, the whole nine yards. She went to the police, arrest warrant was issued, and he was arrested.
Our client was in another state at the time and we had the documentation to prove that. The DA would not drop the charges because of local policy that all such charges would go to the preliminary hearing stage at minimum. This policy has valid public policy reasons behind it
It protects women who are being abused and whose abusers are attempting to force them to recant, and it protects the men being accused because there is an official ruling dismissing claims when the accuser doesn't show or there is proof it didn't happen.
Client was not a man of means and Boss took the case for maybe of third of our usual charge. Hearing date arrived, she didn't show, Boss presented evidence he was out of state, DA didn't oppose motion to dismiss, judge signed order dismissing all charges. Happy ending, right?
A few weeks later, client's company shut down and he started looking for work. And he started getting letters from the companies at which he was interviewed saying they weren't hiring him based on information in his background check. Sure enough the arrest was on there.
Due to how information is entered in the court data base, the arrest was showing but not the disposition. We had to get in touch with the various background check services to provide the dismissal order and were told it would take 3-6 weeks for that to show up on the checks.
What would show up? That the charges were dismissed. Not why. Not that the judge said in court that he was sorry this man went through this. Not that the judge asked him if he wanted a restraining order against her which client declined due to his fear of retaliation by her.
All that would show up is he was arrested for abuse of a woman and then the charges were dismissed. Client was distraught that he was now having to tell potential employers that he had a mentally ill ex who was making false claims against him. Client was also running out of money
Fortunately, there had been a recent change to the expungement statute to provide for expedited expungement of arrest records in such situations and we helped client fill out the paperwork for that. We did that pro bono because he had no money and the forms are complicated.
But the expungement took 12 weeks to go through and it took another month or so for the updated database information to promulgate to the various background check services. During that time, still showed up on background checks.
So for about six months, client had to live with the shadow of an ex wife completely making up claims against him and then having to explain to potential employers what happened. He finally got a job with a guy who had gone through something similar.
Client very nearly lost his house because he got behind on the mortgage. He had people in town who thought he did it. He still lives in fear that she'll do it again.
This is a man of limited financial means and not a lot of education. This is not a man of privilege in any way at all. When people sneer about lol privileged white male tears I drink them up, I think of this good man, this strong man, sitting in front of me crying his eyes out.
And I want to grab the people saying this by the throat and haul them in front of him and say tell him. Tell him to his face that he deserved this because patriarchy. Tell him to his face that he probably was a wife beater anyway and it was just this time he got away with it.
Tell him to his face that he deserved to have to go to court and be threatened with jail time when it was impossible for him to have done what he was he accused of doing. Tell him that women do not lie about things like this. Tell him that being angry about it proved it was true.
So, yes, spare me that sophistry. Spare me that eggs must be broken. Spare me that women don't lie. Spare me that it's just a job interview. The people advancing such positions are morally rotten, to the core, and should be shamed from decent society. Fin.
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