Mark Wrote: "A really fascinating example of how this works is when you are charged with a crime, go to trial and are found not guilty. Legally speaking, you will once again be presumed guilty. Job applications, professional license applications, mortgage applications and so on will ask have you ever been arrested as well as have you have ever been convicted and it is perfectly legal for them to assume your guilt in such circumstances. A simple criminal background check will reveal your arrest for the rest of your life."
Mark, with all due respect, where did you get this information? In my 35 years working for the fed, the application question was "were you ever convicted", not arrested. Convicted vs arrested is an important distinction.
Certainly a high profile trial will be disadvantageous to any applicant. And believe this, there is no such thing as "perfectly legal for them to assume your guilt in such circumstances." Administrative law regarding hiring is a tough nut. If a boss chooses to non-select because he happens to know of an arrest but no conviction, he'd better have tight documentation of the interview, how the applicant otherwise does or does not meet the required job factors, but NO mention of the arrest as a factor, on paper or to anybody. And how the one selected better met the terms of the job. That boss can assume guilt in his head like anyone else might, but he'd better not put it down and sign off on it. The applicant can come back and sue for discrimination or something, cause a lot of problems, even if he is somebody that nobody would want to hire.
In truth, I'd have liked to have seen how many times an applicant for my department had been "arrested, not convicted" before I selected him, 'cause I might consider that person to be of questionable dependability. Depending.
Mortgage application? Been too long since our last one (and we didn't have any arrests or convictions), but...really?