Monday, July 05, 2004
Copyright © Las Vegas Review-Journal

Arrest throws woman's life into disarray

Rhonda Dailey breaks down last week as she discusses her difficulties in trying to find a job. Dailey, who was arrested on charges stemming from a strong-arm robbery but never prosecuted, said the incident keeps showing up on criminal background checks carried out by potential employers. Photo by Gary Thompson.

Two years ago, Rhonda Dailey was arrested on charges stemming from a strong-arm robbery.

The 43-year-old mother of three was adamant from the beginning she had nothing to do with the incident, and within a few weeks, all charges in the case were dismissed by prosecutors because of a lack of evidence.

But that didn't prevent the arrest from ruining Dailey's life. It began when she was immediately fired from her job as a keno runner in North Las Vegas.

Now, nearly two years later, Dailey can't get a job because the felony arrest continues to show up on background checks carried out by potential employers in the Las Vegas Valley. The fact that charges weren't pursued doesn't matter: No employer is willing to take the risk.

"Everything keeps coming up felon, felon," Dailey said. "It's just not right."

Dailey also has been denied public housing on three separate occasions because of her "unfavorable criminal history," according to a series of rejection slips given to her from valley housing authorities. She is now facing eviction from her West Side apartment.

"I have no felonies, but it doesn't matter to them,' " Dailey said. "All they see is robbery."

Dailey's troubles are not unique. Experts contacted by the Review-Journal say people are continually being denied employment or other privileges because of incomplete, inaccurate or misleading information on criminal background checks.

Tena Friery, a research director for the Privacy Rights Clearinghouse, a San Diego-based consumer information and advocacy program, said inadequate or inaccurate background checks are the second most common complaint her office receives from consumers.

"The problem is especially tragic for the poor, and the fallout is just devastating," Friery said. "Generally, it affects the people who don't have the resources to do something about it."

Devah Pager, an assistant professor of sociology at Northwestern University, said the power of a negative background check like Dailey's is profound.

"Employers aren't interested in looking at the particulars of an individual's criminal case, particularly in labor markets where there are more people looking for jobs than there are jobs available," Pager said.

But Dailey, who is now suing police for wrongful arrest, could have avoided much of the misery two years ago. Shortly after her case was dismissed, she or her attorney could have quickly pursued the sealing of her record of arrest under Nevada law.

Local officials said last week many people don't realize state law allows an individual to have their criminal record sealed in Nevada. This removes arrests and even convictions from publicly accessed databanks.

"It takes about six to eight weeks," said Clark County Chief Deputy District Attorney Ben Graham. "All the information on how to do it is available on the Clark County Web site. Personally, you should hire an attorney to do it, but you don't have to."

If someone is arrested or charged with a crime but never convicted, they can apply immediately to the district attorney's office to seal the records. Once the office approves the request, the individual then petitions the courts to have the information removed from the public sector.

People convicted of crimes can also get records sealed. A person convicted of a misdemeanor can have the record of that conviction sealed after three years. A gross misdemeanor conviction can be sealed after seven years, and felonies can be sealed after seven to 15 years, depending on the nature of the offense.

Graham said the district attorney's office, when appropriate, will deny approval of the sealing of major felonies such as sex offenses and murder.

Graham said other states have similar laws because clearing one's criminal record is an important aspect of the justice system's ultimate goal of rehabilitation.

"As human beings, we screw up from time to time, but if we get our lives back together, those screw-ups shouldn't be held against us for the rest of our lives," Graham said. "It is basically legislative clemency."

In Dailey's case, court records show she was advised of the law allowing record sealing when her case was dismissed. She said she thought her attorney was pursuing the matter, but she didn't sign the necessary paperwork until late 2003, and her attorney didn't drop off the information with the district attorney's office until May.

She said the arrest and subsequent delays in getting her record sealed have caused her untold pain. She has gotten a letter from her attorney telling potential employers her case was dismissed, but employers don't seem to care.

"I'm suffering," she said through tears. "I'd be really happy to work, so me and my kids don't have to live outside.

"Last week, I didn't want to be here anymore," she said.