(1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i)not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or. 147, L. 1987; amd. 2, Ch. The District Court's stated reasons for the deferred sentence werethat both parties signed the plea agreement, it was consistent with Montana statutes regarding sentencing, the offense was a first felony offense, and Sprout was young and gainfully employed. VI, 12. 1, Ch. (8)If a felony sentence includes probation, the department of corrections shall supervise the offender unless the court specifies otherwise. Sec. Sec. In July 2017, Allan Baier, 72, reached a deferred prosecution agreement for felony unlawful possession, shipping or transport of game animals, and for three misdemeanor counts of nonresident license or permit offense. at 6-7; Appellant's App. On October 23, 2017, Justin Levi Swisse of Sidney, 34, was sentenced in Richland Countys Seventh Judicial District Court to three years, suspended, with the Montana Department of Corrections. Sec. According to Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx, five other individuals have been charged and convicted in connection with offenses committed by Brien, Jr. Ellsworth did not appeal. 1, Ch. Sec. The eligibility period for cases in which expungement is presumed runs from completion of sentence including payment of any financial obligations or successful completion of court-ordered treatment. 46-18-1107(1). A. PR 03-021 Does Dismissal of Charges After Deferred Imposition of Sentence Under Montana Law Constitute Conviction for Purposes of 20 C.F.R. (2)Whenever a person has been found guilty of an offense upon a verdict of guilty The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal possession of dangerous drugs (CPDD) and criminal possession of drug paraphernalia (CPDP), holding that the district court abused its discretion in sentencing Defendant. 2-15-2302(2). Sec. 296 0 obj <>/Filter/FlateDecode/ID[<288480FB5D289D4E97746F61ECFC450F><291F19E02EF3AD4499515FCF39C4D8DC>]/Index[275 32]/Info 274 0 R/Length 104/Prev 214142/Root 276 0 R/Size 307/Type/XRef/W[1 3 1]>>stream . Sec. Title 44, chapter 4, part 12, for a violation of 61-8-465, a second or subsequent violation of 61-8-401, 61-8-406, or 61-8-411, or a second or subsequent violation of any other statute that imposes a jail penalty If a majority of the Board recommends denial in a non-capital case, the case may not be sent to the governor. Revoked on Dec. 16 . 25, Ch. Ellsworth did not appeal. Tune in to Catchin the Big Ones! 7, Ch. A father and son, Neil Bryan Schallock, Sr., 76, and Craig Schallock, 47, both of Crandon, Wisc., were sentenced in December 2017 and January 2018, respectively. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 6, Ch. 587, L. 1979; amd. Sentences that may be imposed. Sec. B. 2, Ch. 524, L. 1985; amd. BrvA (d5q30@, Aw5L-1cqb~sG Re/1~`U3 Q court did not sentence Yates in accordance with the parties' joint recommendation for a four-year deferred imposition of sentence. The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. Get free summaries of new Montana Supreme Court opinions delivered to your inbox! While this statute does not itself apply to license revocation proceedings, Erickson v. State ex rel. Sec. Dismissal after deferred imposition. 1, Ch. 321, L. 2017; amd. Mont. Individuals with a deferred imposition of sentence will have the charge or charges dismissed at the end of the deferred imposition if they have met the conditions of the sentence. 46-18-204. R. 20-25-901(3). (4)When deferring imposition of sentence or suspending all or a portion of execution Code Ann. Hagadone Media Montana All Hagadone Media Montana . 1, Ch. Code Ann. 610, L. 1987; amd. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. (b)(i)Except as provided in subsections (2)(b)(ii) and (2)(b)(iii), a sentencing judge may not suspend execution of sentence, including when imposing a sentence under subsection (3)(a)(vii), in a manner that would result in an offender being supervised in the community as a probationer by the department of corrections for a period of time longer than: (A)20 years for a sexual offender, as defined in 46-23-502; (B)20 years for an offender convicted of deliberate homicide, as defined in 45-5-102, or mitigated homicide, as defined in 45-5-103; (C)15 years for a violent offender, as defined in 46-23-502, an offender convicted of negligent homicide, as defined in 45-5-104, vehicular homicide while under the influence, as defined in 45-5-106, or criminal distribution of dangerous drugs that results in the death of an individual from use of the dangerous drug, as provided in 45-9-101(5); (D)10 years for an offender convicted of 45-9-101, 45-9-103, 45-9-107, 45-9-109, 45-9-110, 45-9-125, 45-9-127, or 45-9-132; or. Stay up-to-date with how the law affects your life. 1, Ch. 1, Ch. The pardon power is vested in the governor, but the legislature may control the process. Code Ann. . Code Ann. to a food bank program. Sec. In Ulrich, the Montana Supreme Court upheld the finding of a hearing examiner that a conviction for forgery and theft did not relate[] to the public health, welfare, and safety as it applies to the occupation of mortician, and that the applicant in that case was sufficiently rehabilitated so as to warrant the public trust. 961 P.2d at 134. Mark Couture, 51, speeding in a restricted zone, $105. (ii) being sentenced to either the department of corrections or the Montana state prison or Montana women's prison for a term of not more than 5 years, all of which must be suspended, to run consecutively to the term imposed under subsection (1) (a); and (iii) a fine in an amount of not less than $5,000 or more than $10,000; or (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208: (a)for a felony conviction, the court shall strike the plea of guilty or nolo contendere or the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed provided that a petition for revocation under 46-18-203 has not been filed; or. Licensing He must pay $10,000 in restitution, $1,060 in surcharges and $1,000 in fines. Driving under influence of alcohol or drugs - definitions. The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. The sentence is to run consecutive to a sentence Nelson is serving in Richland County in a non-wildlife case. or a plea of guilty or nolo contendere, a sentencing judge may suspend execution of drugs was a contributing factor in the commission of the crime regardless of whether 1002 Hollenbeck Road (1)(a)Whenever a person has been found guilty of an offense upon a verdict of guilty He must pay $1,000 in fines and $3,700 in restitution and cannot or fish in Montana or any states participating in the Interstate Wildlife Violator Compact during this period. No licensing authority shall refuse to license a person solely on the basis of a previous criminal conviction; provided, however, where a license applicant has been convicted of a criminal offense and such criminal offense relates to the public health, welfare, and safety as it applies to the occupation for which the license is sought, the licensing agency may, after investigation, find that the applicant so convicted has not been sufficiently rehabilitated as to warrant the public trust and deny the issuance of a license. 36, Ch. 105, L. 1991; amd. 5, Ch. (9)When imposing a sentence under this section that includes incarceration in a detention Id. One of these cases dates back to 2010, and investigation and prosecution of game offenses can take years. 44-5-202(8)(as amended in 2019): If an individual is released without the filing of charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the court having jurisdiction in the criminal action shall report the disposition to the state repository as required in44-5-213(2) within 14 business days. Expungement, sealing & other record relief. 8, Ch. A fifth individual received a deferred imposition of sentence and paid $85 in fees. 921(a)(21). Effective Jan. 1, 2021, a person serving a sentenceor who has completed a sentencefor a marijuana act legalized or punishable by a lesser sentence under the 2020 marijuana ballot initiatives (CI-118; I-190)(no more than one ounce for personal use) may petition the sentencing court for an expungement, resentencing, and/or redesignation, and is presumptively eligible for relief. 125, L. 1995; amd. 537, L. 2021. (1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or The district court sentenced Defendant to four years with the Montana Department of Corrections (DOC), all for years suspended for the CPDD conviction. The violations were discovered at the Flowing Wells game check station in Montana. Fax:406.846.3512 The legislature finds that the process of licensure will be strengthened by instituting an effective mechanism for obtaining accurate public information regarding a license applicants criminal background. hbbd```b``/d7diL`,BDe'I+H"I~sd3L$ 0 @F (vii)any combination of subsection (2) and this subsection (3)(a). Montana Highway Patrol Tim Southwick, 49, reckless driving, 1st offense, $335, deferred imposition of sentence. Justice Court - Sanders County Ledger 306 0 obj <>stream 205, L. 1985; amd. 309, L. 2013; amd. must be suspended, except as provided in 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), 45-5-603(2)(b), and 45-5-625(4); or. by the department of corrections that space is available and that the offender is Mont. Presumably this disability is removed upon completion of sentence. Affidavit of Probable Cause/Request for Warrant, Script Initial Appearance and Arraignment, Script Initial Appearance and Arraignment for Felonies and Misdemeanors, Order Transferring Case and Transmitting Bond, State Public Defender Administrative Policies, Initial Appearance and Arraignment Script, Order for Bail Conditions and Continuance Order, Order for Bail Conditions Alcohol Related, Order for Bail Conditions Partner/Family Member Assault (PFMA), Subpoena To Appear and Testify At A Hearing Or Trial and/or Produce Documents/Items-, Sentencing Order Driving Under the Influence, Sentencing Order Partner/Family Member Assault, Order for Initial Appearance on Petition to Revoke, Motion to Change Court Date or Schedule Change of Plea Hearing, Order Changing Court Date or Scheduling Change of Plea Hearing, Motion to Withdraw Guilty Plea, Dismiss Charges and Seal Case, Order Withdrawing Guilty Plea, Dismissing Case and Sealing Record, Order Canceling Appointment of Public Defender, Motion Scheduling Hearing to Review Public Defender Denial, Order Scheduling Hearing to Review Public Defender Denial, Order Denying Motion to Withdraw Guilty Plea or Finding of Guilt, Order Granting Motion to Withdraw Guilty Plea, Dismiss Case or Seal Record, Order of Recusal and for a Substitute Judge, Order Transferring Case to Substitute Judge (Justice Court), Order Transferring Case to Substitute Judge (Justice Court of Record), Order Transferring Case to Substitute Judge (City Court), Order Transferring Case to Substitute Judge (Municipal Court), Subpoena for Personal Appearance at Trial or Hearing, Affidavit to be Excused from Jury Service, Order of Jury Trial for Self-Represented Litigant, Order on Defendants Motion to Review Public Defender Denial, Notice to District Court on Motion To Disqualify Judge, Order Setting Aside Motion to Disqualify Judge As Void, Court Referral for Court Approved Alcohol Testing Program, Court Referral for Alive at 25 Traffic School, Application for Court Appointed Counsel and Instructions. 1, Ch. Sec. On March 20, 2015, Governor Steve Bullock signed HB 43 converting the Boards role in clemency cases to an advisory one. On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony possession. 21, Ch. See Mont. Mont. 2-15-2303(8). SYLLABUS Once found guilty, either by a plea or a verdict, an individual is "convicted" for purposes of federal law. (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years Sec. 177, L. 2013; amd. Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. FirearmsII. or conditions during the period of the deferred imposition or suspension of sentence. VI, 12. 1, Ch. The 2021 amendments also lessened the burden on prosecutors opposing expungement: they no longer must prove by clear and convincing evidence that a petitioner does not satisfy the criteria, but must merely prove the court with a reason basis on which the petition does not satisfy the criteria. Steven Schaller, 64 . 525, L. 1997; amd. 13, Ch. require payment of full restitution to the victim, as provided in 46-18-241 through 46-18-249, whether or not any part of the sentence is deferred or suspended. 17, Ch. in 46-23-1011 through 46-23-1015; or. 384, L. 2017; amd. 262, L. 1993; amd. 13, Ch. Phone: 406.846.3594 41-5-216(2). Admin. 49-9-102(4). FWP News: Lake Elmo open for gas motorboat testing May 13 and 20, FWP News: Watercraft inspection stations open across most of Montana, FWP News: TONGUE RIVER RESERVOIR STATE PARK CAMPGROUND TO CLOSE FOR ROAD WORK, FWP News: HUNTER, BOWHUNTER, TRAPPER ED INSTRUCTORS IN SOUTHEAST MONTANA HONORED, Brett French Reports: Cutting through the cutthroat controversy, FWP News: Bull trout redd numbers down in some western Montana streams, Looking Back: Trophy Pike Caught in Local Lake, Improvements coming to Crystal Lake recreational area in Big Snowy Mountains, SW Montana Fishing Report via Montana Angler 4.25.23, Governor Gianforte Increases Public Access with Block Management Reforms, FWP News: Arapooish Pond experiences winter fish-kill, FWP News: Paddlefish season opens May 1 on Upper Missouri River, FWP News: Deadline reminder for hunting applications, Out-of-State News: Whopper of a black crappie caught in Georgia, Upper Salmon River Weekly Steelhead Fishing Report 4.25.23, Rock Creek Fishing Report by the Perfect Fly Store 4.23.23, Court Blocks Logging in Montanas Kootenai National Forest. Most youth court records are publicly available until the juveniles 18th birthday (or at the termination of jurisdiction if it extends beyond age 18), at which point they must be automatically sealed, along with law enforcement and agency records. The Supreme Court agreed, reversed Defendant's sentence, and remanded for resentencing, holding that Defendant received ineffective assistance of counsel at sentence when her counsel failed to cite the Alternative Sentencing Authority, Mont. 1, Ch. Code Ann 37-1-204 (When a licensing agency prohibits an applicant from being licensed wholly or partially on the basis of a criminal conviction, the agency shall state explicitly in writing the reasons for the decision.). All decisions are by majority vote. Code Ann. He lost his privileges to hunt, trap or fish or accompany anyone for 20 years. Sec. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. who has been convicted of a felony on a prior occasion, whether or not the sentence 27, Ch. For suspended or deferred sentencing of a first time possession offense of under 60 grams, the minimum fine of $100 must be imposed as a condition. Sec. See also Smith v. County of Missoula, 992 P.2d 834 (1999)(record of dismissed charges became confidential criminal justice information, rather than expunged material, and thus sheriff was authorized to review his file in determining whether to grant or deny his application for concealed weapon permit). of an offense upon a verdict of guilty or a plea of guilty or nolo contendere and (b)A person's license or driving privilege may not be suspended due to nonpayment of fines, costs, or restitution. 449, L. 2005; amd. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may Deferred imposition of sentences are governed by Rule 32.1 of the North Dakota Rules of Criminal Procedure and N.D.C.C. For the remaining counts, Brien, Jr. was sentenced to six months in jail, all suspended, and must pay $500. Sec. 46-18-801(1), a conviction does not result in loss of civil rights except as provided in the Montana Constitution, or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. A convicted person is ineligible to vote only if serving a sentence for a felony in a penal institution; the right to vote is regained upon release from incarceration. 196, L. 1967; R.C.M. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. For crimes for which expungement is not presumed, expungement may be granted after a hearing, in which the court must consider the petitioners age at the time the offense was committed, the length of time between the offense and the request, the rehabilitation of the petitioner, [] the likelihood that the person will reoffend, and any . HELD: OPINIONS OF THE ATTORNEY GENERAL When a deferred imposition of sentence results in a dismissal of charges the expungement of the defendant's record mandated by sect ion 46-18-204, MCA, requires that all . EmploymentB. The change in the Boards authority in 2015 does not appear to have changed this ratio. Code Ann. Sec. 65, Ch. 1 year; (k)home arrest as provided in Title 46, chapter 18, part 10; (l)payment of expenses for use of a judge pro tempore or special master as provided Sec. Mont. A third misdemeanor of attempting to harvest an antlered mule deer buck without a license was dismissed with prejudice. A licensing agency must give reasons for denying a license on grounds related to a felony conviction. Sec. 9, Ch. 7, Ch. According to Marx, Thomas Stahl of Stanford, Mont., 25, also posted a $235 bond for loan and transfer of a hunting license. The Board may appoint two or three-member hearing panels. B.) 318, L. 2011; amd. 498, L. 2021; amd. 1 Defendant Stormi Renea Wilkes (Wilkes) appeals the judgment of the Montana Third Judicial District Court, Deer Lodge County, sentencing her, upon jury verdict for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia, to a net five-year suspended term of commitment to the Montana Department of Corrections (DOC) Sec. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown. Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The investigation took about five years to conclude. 1, Ch. 436, L. 1977; amd. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown. State v. Tomaskie, 157 P.3d 691, 693-694 (Mont. 407, L. 1995; amd. ` - in an appropriate correctional facility or program; (v)chemical treatment of sexual offenders, as provided in 45-5-512, if applicable, that is paid for by and for a period of time determined by the department 482, L. 1995; amd. Admin. The Misdemeanor Expungement Clarification Act of 2019, or HB 543, repealed the earlier authority for expungement of misdemeanor convictions, Mont. Sec. (1) Whenever the court has deferred the imposition of sentence and after termination of the time period during which imposition of sentence has been deferred or upon termination of the time remaining on a deferred sentence under 46-18-208 : Following termination of the relevant time period, 46-18-204 authorizes the court to permit the defendant to withdraw a plea of guilty or nolo contendere or to strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. Governor Steve Bullock has granted only three full pardons since taking office in January 2013 while denying 81 (through the Board has recommended several others). ContactIII. In recent months Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx has wrapped up several cases involving hunting violations committed in Montana. Board of Pardons and Parole R. 20-25-902(1). If the sentence is dismissed then it should not be considered in determining whether the defendant is a persistent felony offender.). 463, L. 1989; amd. Admin. Admin. 322, L. 1997; amd. Christopher Young: Misdemeanor driving under the influence . A person whose application has been denied may not reapply unless they submit evidence of substantial change in circumstances since the last application. Mont. endstream endobj 276 0 obj <. 505, L. 1999; amd. 46-18-201 et seq. Firearms rights are lost under state law only where the conviction involves use of a dangerous weapon. However, unless supervision is also terminated in these cases, civil rights would not be restored and the federal disability would remain. Plea deal for Sidney man reduces 41 charges to 14. Each count carries a fine of $5,000. 794, L. 1991; amd. 16-6-305. Code Ann. On appeal, Defendant argued that she received ineffective assistance of counsel when her attorney, while arguing for a deferred sentence, failed to inform the district court of his authority to impose an alternative sentence under Mont. 37-1-201. 46-18-1101, and replaced it with a revised Chapter 11, effective October 1, 2019. Mont. (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed. Code Ann. 322, L. 1979; amd. (r)any combination of the restrictions or conditions listed in this subsection (4). There are no eligibility requirements for executive pardon, except that federal and out-of-state offenders are ineligible. DUI -- one year in jail, all suspended. A suspension of the license or driving privilege of the person must be accomplished The state constitution does not provide for disqualification from jury service, but a statute does. See 46-18-222. Sec. 1, Ch. The sentencing judge shall state as part of the sentence and the judgment the reasons a longer suspended sentence is needed to protect society or the victim. In such cases, the sentencing court shall impose lifetime supervision as part of sentence imposed, for the purpose of restricting the persons right to purchase and possess firearms. 45-8-314(1). Under the terms of the agreement, prosecutors will recommend he receive a deferred two-year sentence. (b)Except as provided in 46-18-222, imposition of sentence in a felony case may not be deferred in the case of an offender Executive pardon removes all legal consequences of conviction, Mont. Mont. See Mont. 46, chapter 23, part 5. Richard Nolan Mairena, 23, improper passing - crowding overtaken vehicle, $85. to community supervision and that any subsequent violation must be addressed as provided See 46-18-801(2).1. He will forfeit hunting privileges for that period. https://dojmt.gov/enforcement/conviction-expungement-process/, https://dojmt.gov/enforcement/criminal-record-expungement-and-sealing, https://www.ncjrs.gov/pdffiles1/pr/195110.pdf, http://missoulian.com/news/state-and-regional/bill-to-restrict-montana-parole-board-s-power-over-clemency/article_e8c03e6e-25e9-55a0-a61c-111229c42897.html, http://www.greatfallstribune.com/story/news/politics/2014/08/03/lawmakers-considering-changes-pardon-parole-board/13536729/. The state constitution does not provide for disqualification from jury service, but a statute does. Sec. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may include but are not limited to: (a)limited release during employment hours as provided in 46-18-701; (b)incarceration in a detention center not exceeding 180 days; (e)payment of a fine as provided in 46-18-231; (f)payment of costs as provided in 46-18-232 and 46-18-233; (g)payment of costs of assigned counsel as provided in 46-8-113; (h)with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321; (i)with the approval of the prerelease center or prerelease program and confirmation by the department of corrections that space is available and that the offender is a suitable candidate, an order that the offender be placed in a chemical dependency treatment program, prerelease center, or prerelease program for a period not to exceed 1 year; (k)home arrest as provided in Title 46, chapter 18, part 10; (l)payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; (m)participation in a day reporting program provided for in 53-1-203; (n)participation in the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, for a violation of aggravated driving under the influence as defined in 61-8-1001, a violation of 61-8-1002, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime or for a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute; (o)participation in a restorative justice program approved by court order and payment of a participation fee of up to $150 for program expenses if the program agrees to accept the offender; (p)any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society; (q)with approval of the program and confirmation by the department of corrections that space is available, an order that the offender be placed in a residential treatment program; or. Driving with suspended license dropped by prosecutor. Board statistics can be found at the Boards website at, III. Sign up for our free summaries and get the latest delivered directly to you. The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year s You're all set! However, the Montana Human Rights Commission takes the position that pre-employment inquiries regarding arrests raise suspicion of intent to unlawfully discriminate unless related to bona fide lawful affirmative action plan or inquiry is required for record-keeping purposes.
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