10/14/11

hi
i an open criminal felony, and i have my first court soon
and got hired by Morgan Stanley,
now on the application they ask me if i even been charged with felony.
I know that i have to check yes,
but does anybody knows if that would stop theme from hiring me?
PLEASE SHARE ANY PREVIOUS EXPERIENCE, I HAVE TO SUBMIT MY FILLED OUT FORMS VERY SOON,

Comments (87)

10/14/11

Full disclosure: I have absolutely no experience with this so please don't act based on what I'm saying.

I think if it is asking you if you have been charged, you have to say yes. If it is asking if you've been convicted, then you can say no (since the case is still open and you're still in court).

With that said, if you tick yes, then I'm pretty sure they will investigate what the charge was. If they deem it to be serious enough to pull the offer, they most certainly will. There's no shortage of applicants without criminal records, after all.

-MBP

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8/2/14

so dont answer if u have no experience,
this is only for people that know whats going on
and we all have logical powers and dont need urs

10/14/11

That is correct.

Charged, you must select 'Yes.'
Convicted, you can select 'No.'

Luckily, most employers (from my experience) have 'Convicted' on their apps.

My name is Nicky, but you can call me Dre.

10/14/11

Depends on the felony, if it's a DUI, probably not a huge deal, but if it's fraud or a crime of moral turpitude, it's a huge deal.

10/14/11

I think MS has bigger issues at hand (i.e. hiring people like you) than worrying about your criminal record.

Under my tutelage, you will grow from boys to men. From men into gladiators. And from gladiators into SWANSONS.

10/14/11

If they run at background check on you moving forward your fucked even if you've been working there a few weeks.. You can have stuff like this sealed/expunged based on the incident and the state it occurred in though. New York has some of the strictest laws on sealing records though so I hope it didn't happen there.

10/15/11

[quote=Sean518]If they run at background check on you moving forward your fucked even if you've been working there a few weeks.. You can have stuff like this sealed/expunged based on the incident and the state it occurred in though. New York has some of the strictest laws on sealing records though so I hope it didn't happen there.[/quoteg]
well I'm being charged with a criminal felony; some guy claims that i assaulted him( needless to say that im innocent). so now i being charged with a felony.

  • Anonymous Monkey
  •  2/23/16

you are wrong ,when you get hired in securities industry fbi does a background on you with fingerprints.Everything comes up.I am dealing now with a violation which is less then a misdemeanor now from 36 years ago it was disorderly conduct

10/14/11

definitively depends on what the charge was and also what the outcome is going to be

2/23/16

I'm pretty sure BB's think criminal records are baller and hardass...like they say, crime gives you "Wall Street cred".

2/23/16

I wouldn't say anything...if it comes up..then you can tell them that it was expunged.

2/23/16

i don't think anything's changed. refer to last thread

2/23/16

if youre really that nervous about it, spend the cash to get a background check run on yourself and see what comes up.

2/23/16

You can't say anything now...tell them it was a misdemeanor, not a felony and it was expunged. If pressed, tell them you thought it something like a deferred prosecution (ie keep you nose clean and the charges are dropped meaning you were not officially charged). And get a better lawyer - this should be a no brainer for a criminal attorney.

2/23/16

I think the time that you could have told them has already passed. If you tell them now it's more than likely that they'll look at it as more of a negative than a positive. Negatives being that you were arrested for a felony and you didn't tell them till now.

With that said, I wouldn't stress too much about it. If it is expunged, it is expunged. There is a reason our system allows expungement; it allows good individuals second chances. It allows people who made mistakes to erase them from their records and not have to worry about employers judging them on uncharacteristic mistakes you may have made in the past. The bank should respect this right regardless of whether it shows up on their system or not.

2/23/16

leveRAGE: I was thinking of doing this. but will a check that I run on myself be the same as the one a BB would run? meaning, are there different kinds of background, with varying degrees of thoroughness?

Rounder: Welcome to the world of US public defenders. incompetence at its finest. couple that with the fact that many dont give a shit about you, and you have yourself the train wreck of a legal system we have today.

rothyman: my only concern is, again, that the check will reveal the original conviction (i really need to figure out if this is the case or not). because if it does, then I think it will be much better to have discussed the situation to them beforehand, or else it will look like I was trying to hide it.

2/23/16

I'm in a very similar situation (Grand Theft Felony--->Misdemeanor--->Expunged) and have been dealing with this issue. It really depends on which reporting company they use, and how often records are updated within the court system. Also, in many states, expunged simply means that the record will still show up, but there will be an indicator stating that your conviction has been expunged.

F500 company: Did not disclose, background check came up dirty, offer rescinded. HR said even if I did disclose, it woulda been the same end result due to "sensitive client information."

HF: Disclosed, offer rescinded even before background check is completed.

Depends on the employer, but it seems like we're fcked. I'd love to hear what happens with your situation, though.

EDIT: To answer one of your questions: Don't waste your money on your own check. Some will not be as comprehensive, and the one your employer is doing will be released to you anyways as long as you didn't sign away that right in your offer.

2/23/16
alldayerryday:

I'm in a very similar situation (Grand Theft Felony--->Misdemeanor--->Expunged) and have been dealing with this issue. It really depends on which reporting company they use, and how often records are updated within the court system. Also, in many states, expunged simply means that the record will still show up, but there will be an indicator stating that your conviction has been expunged.

F500 company: Did not disclose, background check came up dirty, offer rescinded. HR said even if I did disclose, it woulda been the same end result due to "sensitive client information."

HF: Disclosed, offer rescinded even before background check is completed.

Depends on the employer, but it seems like we're fcked. I'd love to hear what happens with your situation, though.

EDIT: To answer one of your questions: Don't waste your money on your own check. Some will not be as comprehensive, and the one your employer is doing will be released to you anyways as long as you didn't sign away that right in your offer.

Im sorry to hear that. I do not understand how your checks came up dirty, this is what is worrying me most. I have spoken to a few lawyers and each has assured me that, in California, an expungement means that I can honestly say I have never been convicted of a felony. if that is the case, how is it that checks can still reflect the original charge? what the hell is the point of an expungement then?

also, as you mentioned, there seems to be too many variables. It seems impossible to figure out exactly what will come up, because there are tons of reporting companies that can be used. do you guys think purchasing this service is worth it?
http://www.recordgone.com/expedited-criminal-datab...

2/23/16

I am exactly in the same boat as you and have done alot of reading on this site and others. You have yay and Nay sayers to each approach. Id love someone to state facts of a similiar situation, the approach and the results.

2/23/16

What came of your offer, OP?

2/23/16

Check out this site: http://www.courtinfo.ca.gov/selfhelp/other/crimlaw...

It says: . "So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But, it is a good idea to read the Penal Code SS1203.4 ., the California Code Regs 7287.4(d) and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job."

Also, I believe you can go to local PD or Sheriff's dept and have a criminal record run on yourself.

As part of your expungement, did the Court change the verdict from Guilty to Dismissed? If it is dismissed, then I would answer no you have never been convicted of a crime. If the background check asks, have you ever been arrested for a crime? Then the answer would be Yes still.

2/23/16

call 1-800-EXPUNGE-ADVICE

2/23/16

http://www.recordclearing.org/learn-more/avoiding-...

Don't know how reliable this site is (the guy is selling a service after all) but may help you in your decision making process.

2/23/16

You're better off telling the truth.

I know from personal experience at a large U.S. bank (that no longer exists) that if something does get flagged on your background check, the HR department doesn't find out "why".

They just get a flagged report and are unable to honor the offer, regardless of what your explanation is after the fact.

2/23/16

I have spoken to my lawyer, and his told me that not saying anything is still considered the truth. Especially since they have not asked me anything pertaining to a criminal record. Technically, and expungement means that I can honestly say that I have not been convicted of a crime.

But at this point I am far less concerned with what to tell them, and more concerned with what will show up on a background check. It seems like no one knows though.

Does anyone happen to know if foreign BBs even care about criminal charges in the US (or expunged criminal charges, in my case)? Also, are foreign BBs affiliated with the FDIC? If not, that might be the difference for me- since I have heard that banks and other financial institutions dont even honor expungements due to the sensitive client information they work with.

2/23/16

You told them you have a felony so they expect to see one. Therefore you have a freebie here... you can go out and jack some shit up and there will be no repurcussions. Just do it

2/23/16
arigoldofbanking:

Hi all,

I came here beseeching your advice a few weeks ago with a dilemma; I had just received an offer from a BB but I had a felony on my record which had been reduced to a misdemeanor:
http://www.wallstreetoasis.com/forums/please-help-...

The main advice everyone gave me was to be 100% honest with the bank and tell them my story before they found out via the background check. But here is the thing now: By some miracle, I was able to get my misdemeanor (which was reduced from a felony) entirely expunged from my record. And, I just signed the employment contract and sent it in (to provide some timing context).

So what do you all recommend I do now? Im not too sure how an expungement shows up on a background check, if at all. And neither does my lawyer. Most felons dont get jobs at BBs so you all would be surprised how little anyone know about the intricacies of background checks.

So do I still tell them (BEFORE the check is done)? Or do I just keep my mouth shut, now that it has been expunged? My understanding is that an expungement, for all intents and purposes, means it never happened. But Im worried they will find out and it will look like I was trying to hide it. Any advice would be, once again, greatly appreciated.

**Be wary of people providing bad advice here as most have not been what you have been through. Even if expunged, when you undergo an FBI background check it will still show that "something was expunged". To get registered/licensed you always get fingerprints submitted to the FBI. When you are arrested/charged especially with a felony the FBI database keeps your fingerprints on file FOR LIFE. Even if expunged the FBI will have a record saying something was expunged but won't say what at that point. Don't lie about it. Most firms care about the outcome of the case and the fact that you're being honest.

Also there are a few factors here that are important. Will you be getting licensed/registered with the firm and what was the final outcome. If you were found guilty/convicted of any felony or a misdemeanor that relates to theft/fraud/dishonesty...then you likely won't be able to get registered with FINRA at least for 10 years unless you apply for an exemption. If you were found not guilty and the case was dismissed then you're fine in the sense that you can still get registered. If it was expunged, it is better to gothe extra step and say "Hey this is what happened, this was the plea, the outcome and it has been expunged". HR/Compliance will understand that it was a youthful indiscretion and if you have to have a section on your U4/license explaining this then so be it; it is what it is and shit man you fucked up so you got to deal with it. Securities firms have the regulatory/compliance burden of disclosing misdemeanors charges relating to theft/dishonesty and any felonies.

You aren't fucked here it seems but I'd be wary of the dumbass posters who say "Yea it's expunged to don't worry about it". And fuck the lawyers you speak to cause I bet 90% of them aren't aware of the FINRA burden nor did you run that by them.

SO--> If you haven't done it already or if you have (I'd like to hear your outcome), it is best to be honest and disclose it because background companies usually find out and even if it is expunged, the arrest charge can still be floating out there.

And know what, if you weren't convicted and had it expunged and the firm doesn't take you on, then fuck them I wouldn't want to work for them anyway if they are all high and mighty. We all make mistakes and you get a few chances to get them expunged and move on. But my final point is here man is read up on this and be wary of lawyers unfamiliar with securities industry and dumb posters who don't really know what they're talking about.

PM if you want some more knowledge.

2/23/16

For what its worth, I had a posession of a controlled substance charge that i didnt disclose because I was arrested when I was a minor. Even though my record was sealed it came up when they did my fingerprinting. The BB didnt care about that charge though, just about my moral turpitude related one (think larceny, etc).

2/23/16
Startop:

For what its worth, I had a posession of a controlled substance charge that i didnt disclose because I was arrested when I was a minor. Even though my record was sealed it came up when they did my fingerprinting. The BB didnt care about that charge though, just about my moral turpitude related one (think larceny, etc).

Good to hear, with those kind of charges, the further you get out in your career the less it's going to matter. The problem is getting that first good, steady job to overcome the incident initially.... The only reason it matters to an extent is that if it was a felony or you were convicted then it is disclosable to FINRA.

Glad to hear you made it Startop keep up the good work and look at it as a lesson, which I'm sure by this stage in your life you have moved on and grown from it.

2/23/16
pdres25:
Startop:

For what its worth, I had a posession of a controlled substance charge that i didnt disclose because I was arrested when I was a minor. Even though my record was sealed it came up when they did my fingerprinting. The BB didnt care about that charge though, just about my moral turpitude related one (think larceny, etc).

Good to hear, with those kind of charges, the further you get out in your career the less it's going to matter. The problem is getting that first good, steady job to overcome the incident initially.... The only reason it matters to an extent is that if it was a felony or you were convicted then it is disclosable to FINRA.

Glad to hear you made it Startop keep up the good work and look at it as a lesson, which I'm sure by this stage in your life you have moved on and grown from it.

Hey thanks for the kind words. I was still able to keep my offer, but only after they rescinded it and I appealed their decision. It was an extremely close call. Just goes to show all the young monkey hopefuls - dont be stupid and try to get over on anyone. It can come back to bite you. I was 14 when it happened but it almost ruined my future.

2/23/16

I would check the laws of your state. But generally speaking you should be fine. Background checks are pretty simple. They check databases. In a state where I had a run in with the law and an expungement, its illegal for my prior history to show up in the databases that it uses. In my state it was legal for me to say "I have never been arrested or charged with any crime" to judges face, much less HR at a BB. However, it was illegal for me to say that if I was applying for a position with law enforcement or any job where I would be responsible for minors (elementary school teacher ect.).

Your lawyer should know all this.

2/23/16

Hey arigoldofbanking, so what's the deal? Did you get the job offer; did anything come up? It's been two months. I hope all went well.

Im also in the same boat. I had a felony narcotics sales charge that was reduced to a misdemeanor then expunged. Lawyer "A" told me that only government agencies can look up such information. Lawyer "B" told me that prior felony (that is now an expunged misdeameanor) can only been seen with from a report directly from the court that handled your case/charge.

The difference is Im applying to systems analyst positions, so Im not sure if they are as strict about such things. Maybe someone can answer that for me here, I'd greatly appreciate it.

Please keep up updated, there are more of us out there that need this info. I hope what I shared will be of good use to somebody out there. We all deserve a second chance in life.

2/23/16

hi all, sorry for disappearing. i dont have much of an update for you guys.

i just submitted my background check paperwork last week, and i am waiting to hear back. it might take 4-8 weeks for the results to come in. at this point im done asking lawyers and bankers what their professional opinion is on the matter, because frankly, no one has a damn clue. these kind of situations are very rare; they contain a million variables and they seem to be handled on a case to case basis.

so i am just waiting. also, i have heard of an appeal that can be made directly to the FDIC (since it is on their orders that banks cannot hire felons). perhaps ill look into that, if necessary.

2/23/16

It really depends on the state you are in and BB's run the FBI background. It will come up as an expunged crime but won't list what it was. In a state such as MN, an expunged felony doesn't mean much because most databases use the BCA which does not have to adhere to the courts decision in your expungement case. I run background checks and myself have been convicted of 2 felony possession charges when I was 18 and 19. They were expunged two years ago and it still comes up. In MN, the BCA holds it on record for 15 years no matter what. Let's just say I can't wait for 5 years to pass in this respect. My expungement really hasn't helped but it is something I use to fight for the job offer to not be rescinded because it is rare for someone to be granted an expungement. The reason being is that you must prove to the courts that there are more positive reasons for you to have it expunged vs the negatives of the state not being able to use your past record in possible future arrests. Basically, it's hard to say you deserve this more than the greater good of society. Good luck, we all need it when we make these mistakes early in life.

2/23/16

So what happened??

2/23/16

Op? Hey what happened?

2/23/16

It would be beneficial for you to consult a skilled expungement lawyer. What they do is they start with the eligibility check, which will let you know almost instantly whether you are eligible for expungement of your felony. This process is completely free, so you don't have to worry about spending any money unless you qualify. If you do qualify, congratulations! If you decide to go through with the process of clearing your criminal record, you can sign up immediately online or you can call up to their office for help. I know I am too late for answering to the query but anyone else can benefit from this. Expunging law firms can help you attain your freedom to live like an ordinary citizen. Good Luck:)

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10/14/11

dont worry brah, if you stole, pillaged, sodomized or raped they may hire you as a partner if not tough luck

2/23/16

Felony- "a minor setback"? Thats probably the most ridiculous statement I've heard this year.

Anyway, I can't say with certainty but I'm fairly sure you can get away with building a track record of your own and then remote trading for a prop firm.

I win here, I win there...

2/23/16
Bi-Winning:

Felony- "a minor setback"? Thats probably the most ridiculous statement I've heard this year.

hahaha +1

The answer to your question is 1) network 2) get involved 3) beef up your resume 4) repeat -happypantsmcgee

WSO is not your personal search function.

2/23/16

My mistake, a BIG setback lol. Ok thanks for the info.

2/23/16

if you've served time for it , under UK law its a spent conviction which you dont have to declare. Probably different in the US though.

2/23/16

ER. was this money related too? a u4 is going to expose any of this as well btw...

2/23/16

No, it wasn't a white collar crime.

2/23/16

What was the crime?

2/23/16

When they ask what it was for, say you killed the last person who didnt give you a job

2/23/16

^lol. It was a fight which led to me getting an assault charge. How bad will this affect me?

2/23/16

Jesus felony assault is pretty serious as most small fights get classified as misdemeanors. Your lawyers weren't able to plead it down to something smaller?

I know that the background check company my employer uses dings anyone with a felony on their record. However, misdemeanors that have been dismissed are ok (obviously nothing finance related). I would be upfront and ask HR.

2/23/16

Thanks for all the info.

2/23/16

You have to fill out the U4 form and declare it. You also have to submit fingerprint form for processing by FBI. No way to hide this.
It is not a question of whether the company is willing to overlook it. It is more a question of whether FINRA / SEC will allow you to work in the field.
download and print U4 form from the website. See what effect it will have.

10/14/11

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

10/15/11
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

Sean518 says that these can be sealed/expunged. Why would he be unable to get the positions if the felony/misdemeanor were not shown on his record anymore?

10/15/11
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

what???
what if you were charged but then found not guilty,

2/23/16

Which drug?

Those who can, do. Those who can't, post threads about how to do it on WSO.

10/15/11
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

While felony is a serious issue, you can still be licensed. There is no FINRA regulation that prohibits felons.

2/23/16

Have you not seen how everyone asks for things, even which were expunged? Even on ur college applications about suspensions, detos, and with small jobs too? They only ask for that BC they know few r actually gonna put it, but those who do make the weeding-out process easier. Hell, places ask u in person "have you ever been arrested," and they do that BC they can't put that question on paper. They ask for the same reason. I have a friend who had a bar fight and a DUI, both of which were dropped and he did get fingerprinted on the first one. On the bar fight, one of the charges was a felony. He acted as if they were expunged when asked, and now he's one of the 5% of stock brokers who opened the requisite accounts.

10/15/11
The Phantom:
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

While felony is a serious issue, you can still be licensed. There is no FINRA regulation that prohibits felons.

i see
what if u been charged with a felony, but then the case was closed, do you know if theres still any consequences
ie: u apply to work at any investment firm and they see that u were charged with a felony

10/15/11
The Phantom:
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

While felony is a serious issue, you can still be licensed. There is no FINRA regulation that prohibits felons.

Administrative Actions Affecting Registration as a Uniform Securities Agent:
The Administrator may, in the public interest:
-Deny a registration***
- Suspend a registration
- Revoke a registration
- Bar a registrant from association with a registered broker-dealer or investment adviser***
-Limit the activities of a registrant
- Cancel a registration

Possible causes for these administrative actions include the following:
1. The registrant was convicted within the past 10 years of a misdemeanor involving the securities business, or any felony.
2. The registrant has engaged in dishonest or unethical practices.
3. The registrant has willfully violated or willfully failed to comply with the provisions of the Uniform Securities Act.

^^^ to The Phantom, not to be whatever... but I was right as shit... and whoever threw monkey shit at me did so without cause... This is testable material on the Series 63 and Series 79... you can't provide securities advice to clients on behalf of an investment bank without being Series 63 and Series 79 licensed...

10/15/11
The Phantom:
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

While felony is a serious issue, you can still be licensed. There is no FINRA regulation that prohibits felons.

False.

10/15/11
rufiolove:
The Phantom:
rufiolove:

FYI if you are looking to work as an investment banker you will not be able to... any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation if it is a misdemeanor related to something like shoplifting, you would also be out of luck...

While felony is a serious issue, you can still be licensed. There is no FINRA regulation that prohibits felons.

False.

rufio'd!

Under my tutelage, you will grow from boys to men. From men into gladiators. And from gladiators into SWANSONS.

10/14/11

if you are convicted of the felony the above applies... i saw that your title says you are charged but then you referred to yourself as an open felon in the post... if you are convicted then you are out of luck, if you are charged then it isn't a regulatory issue as much as a discretionary one...

2/23/16

it will be not surprising to come up in every interview. But if he can shake that conviction as a past that changed, he'll stand a chance as long as long as he works harder than everyone.

After all, many undergrads, business or not, have been convicted for crimes similarly

2/23/16

If he stays 100% clean and really over-achieves in undergrad, and perhaps even works in some kind of community service role with young people facing similar challenges, he might be able to grow into a special kind of leader, exactly the kind of person that a top business school would be attracted to. But first, no more violations of any sort whatsoever; second, give-back to the community from what he has learned; and third, let's see great achievement in undergrad! He should be prepared to discuss his past in an application essay, but so long as it's the distant past, he can overcome the stigma in time for a future MBA application.

2/23/16

That's exactly what he seems to have been doing. He's got some mentoring program started with the local juvenile detention center where he works with the inmates. I'm certain that he's on the right track and has 0 chance to returning to his past behaviors. So far, he has earned his associates with summa cum laude honors, so I'm also fairly certain that he will continue to perform impressively as he continues.
I'm interested in your idea of growing into a leader for the community and how that could be attractive enough to some schools to overlook his record.
You may be interested to read the reply I left to someone else's comment here to get a little more information on him and what he did that led to his convictions. If you have any further suggestions I'm sure they would be helpful.
I think I will show him my post and the comments that you all have left here and let him use that to form his own opinion rather than simply go with what I think based off the comments.
Might I ask what experience you have in the field that led you to believe he still has a fighting chance? I only ask because, in another comment, the fact that a firm, or school, that looks at his application will likely weigh the risk vs. reward of hiring him or accepting him, and those charges a certainly seen as a liability that may be very hard to overcome. Thanks for your response!

2/23/16

If he's recently gotten an associates degree do you mean can he get into an undergrad business program? Because he needs to get his full bachelors to get into a bschool for an MBA. I'd assume he could get into an undergrad program, I don't know how great, but a decent MBA may be a problem and there's very little reason to get a lower ranked MBA: the costs will almost certainly outweigh any future increase in income. There are others on this site more knowledgeable about bschool though. Or are you asking about getting an MBA at all? Were the convictions bad enough that he served time?

As for a career, it will be somewhat difficult but it depends on the type of business. Just about anything in finance will be incredibly difficult with a grand larceny. Anything that most people on this site-investment banking, consulting, PE, corporate or commercial banking, etc-will be out completely. Any fiduciary responsibility, control over accounts or the flow of money, etc will most likely be out of the question, and I only say "most likely" because there's always a 1 in a million possibility for anything. I could drown in a bucket tomorrow, but there's an infinitesimal chance of that happening. Most financial institutions just aren't allowed to hire felons especially with larceny due to regulations and/or internal rules. The risk outweighs any reward for the firm.

I would guess it would be easier to get into smaller, non-financial companies where decisions are made by human beings with the power to make a decision that isn't dictated by a F500 rule book. What does the guy want to do in business? That's a pretty broad term.

I had a good friend from high school who went to a top school, rich dad who was bankrolling the entire thing and basically had everything going for him. For some ungodly reason he decided to start dealing LSD in a big way his freshman year (this was the early mid 90's when acid was big), and got royally busted sophomore year. As in if his dad hadn't been able to hire top lawyers and have some influence in the state my friend was going away for a really long time. Hundreds of hours of community service and ungodly amounts of fines later, he ended up at the flagship state school, which was good but nowhere near what he was in. He had high hopes of finance or law which were instantly gone and ended up in small, local marketing/advertising firms (lost touch with him a while ago except for the occasional sighting so I forget exactly). He's had a very hard time getting any good jobs, especially at the beginning of his career when it helps to establish oneself and that's hurt his long term prospects. And anytime he's been laid off or out of a job for whatever reason it takes him a long time to get hired by anyone because he has to explain away something that happened 20 years ago because you can't expunge a felony conviction in his state so it's always on his record.

Tough situation. What exactly did he do? Because explaining away some things are at least a little easier than others, but forgery and grand larceny seem to indicate to me a financial crime of some sort (steal checks and cash them for example).

2/23/16

+1

2/23/16

Yes, he recently earned his associates. In fact, I attended his graduation from the local community college this evening. He hasn't been that specific with me regarding his exact field of business (I think he'll narrow it down once he takes more business related courses for his BA) but he has mentioned consulting and accounting.

With regard to his convictions, from what I understand, they were essentially the highest level of stupid teenager actions that can still be regarded as such (at least in my opinion) and not the actions of a calculated criminal. Grand larceny: he stole a large number of cases of beer from a grocery store. When I found out it sounded like something out of a movie. Apparently he filled a shopping cart and marched out the door like he had purchased them.
Forgery: I'm not %100 sure about these, but his father has told me a little bit about them. His son was given two checks printed with his name on them from an individual who had been using routing numbers from valid checks and somehow adding them to the fraudulent ones. I was surprised to learn that this is regarded as forgery (obviously I'm not a lawyer so forgive my ignorance please) because he didn't produce the checks, but only cashed them.
Anyway, there were 2 checks, thus, 2 forgery convictions. All of these convictions happened while he was a teenager and he never served time for them. It's not uncommon for teenagers to do really stupid things without much foresight to how they might affect them in the long run. At least when I was younger, I made some mistakes, but none of this caliber probably because my parents would have made me severely regret even thinking about it, but when this kid was younger his parents weren't around much.

I appreciate your response as you seem to be very knowledgable in the field. Since there have been mixed responses in terms of his chances, would you mind letting me know what experience you have in the field?
What I think I will do is show him this forum and the comments from you guys rather than just tell him what to I think his best choice is based on this and other correspondence on this site.

2/23/16

Sounds like somewhat minor trangressions for felonies. Must have been dickhead prosecutors to press felonies and judges to convict.

I wasn't saying he can't get a job in business, he just needs to figure out what he's not going to be able to get into due to the convictions so he doesn't waste his time. As I stated, it's just not worth trying to get into banking because it won't happen. If he's looking into accounting, I don't think he could become a CPA. I don't think he can get a government job either. It would just be wise for him to research what is going to be X'd out completely so he doesn't waste time pursuing those fields. And he needs to realize it's going to be more difficult regardless of field because he'll have to explain those away if he get's past the "Have you ever been convicted of a felony" box. That's why I think sticking with smaller companies is probably a better idea: when you're applying to GE you do it through online portals where the felony question will be one of the things. I honestly don't know if they can't hire a felon, but I can definitely say it won't be a positive.

And the ideas stated above about community service, etc are great. It can paint the picture differently. And like I said, I'm not the person to really comment about getting into MBA programs. I simply don't know. Is he in a state where he can get it expunged? It sounds like the types of convictions that can get wiped away with a lawyer's help.

My general experience: I have almost 20 years of investment experience in private equity and institutional real estate investing, rising to a decently high level. I've served on the board of a publicly traded co. in London (I'm American though) and have served on the board of countless private companies. I've primarily been involved in small and mid-market companies across too many different industries to name and I have a decent amount of international experience across every continent except Antarctica. Somewhat active in my community in non-profits. I was also a punk teenager who did many felonious things, I just never got caught.

10/15/11

i been charged with criminal felony; somebody got assaulted and i'm being blamed for that ( hope that helped)
and this case was opened not long ago, so its an ongoing process.

10/15/11

From what I remember, those online apps always asked if you were convicted. Moreover it wouldn't make any sense to merely ask if you've been charged, because you could be found not guilty. Also I do remember there always being a long ass paragraph about how to respond if the record was expunged, sealed, etc.

Bottom line, if I were in your situation, I would clarify with company HR what they are asking for, rather than ask a bunch of kids on an internet forum.

10/15/11

of course i will ask the HR rep, but i have to be ready for the outcomes
in few days I'm meeting with recruiting the company, which helped me to get this position, and they will run the back ground check.
so im trying to gather the most information on this topic

10/15/11

moral of the story here... don't throw monkey shit if you are wrong...

10/15/11

does anybody over there went through what im going through
please, any ideas or recent experiences are highly appreciated.
i have to submit the application on Monday,

10/15/11

Since when "may prohibit" and "will prohibit" have same fucking meaning? Your first post:

any position requiring a series 7/79/63 you will be unable to qualify for if the felony ocurred in the past 10 years... it's a FINRA regulation

implied that any felony will automatically disqualify anyone from being licensed, when in reality its just a possible cause. If this kid broke someone's jaw and got a felony for that, chances are, FINRA will give him the license as long as his company is fine with hiring a felon.
http://www.justanswer.com/law/1ffab-convicted-felo...

10/16/11

That is not true... I love that I literally got half as much monkey shit on this stupid ass thread than I have received ever on this site. You're an idiot... The regulations are cut and dry, you CANNOT become licensed if you have committed a felony in the past 10 years, end of discussion.

Best Response
10/16/11

Eligibility Requirements

***Article III, Section 3 of FINRA's By-Laws1 provides that no member shall be continued in membership if it becomes subject to disqualification; and that no person shall be associated with a member, continue to be associated with a member, or transfer association to another member if such person is or becomes subject to disqualification. FINRA's authority to deny the registration and/or membership of disqualified persons or members is set forth in Section 15A(g)(2) of the Securities Exchange Act of 1934.***

Disqualification Defined:

FINRA amended its By-Laws on July 30, 2007 to incorporate the definition of "disqualification" as set forth in Section 3(a)(39) of the Exchange Act. The amended eligibility rules are effective June 15, 2009. Members should review Regulatory Notice 09-19, Amendments to FINRA Rule 9520 Series to Establish Procedures Applicable to Firms and Associated Persons Subject to Certain Statutory Disqualifications, for detailed information related to the amended eligibility rules.

Based upon the expanded definition of "disqualification," the list of disqualifying events are as follows:

Certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction.
Temporary and permanent injunctions (regardless of their age) issued by a court of competent jurisdiction involving a broad range of unlawful investment activities
.
Expulsions (and current suspensions) from membership or participation in a self-regulatory organization.
Bars (and current suspensions) ordered by the Securities and Exchange Commission (SEC) or self-regulatory organizations.
Denials or revocations of registration by the SEC or Commodity Futures Trading Commission (CFTC).
Findings that a member or person has made certain false statements in applications or reports made to, or in Proceedings before, self-regulatory organizations.
Any final order of a State securities commission (or any agency or officer performing like functions), State authority that supervises or examines banks, savings associations, or credit unions, State insurance commission (or any agency or office performing like functions), an appropriate Federal banking agency (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), or the National Credit Union Administration, that

(i) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, banking, savings association activities, or credit union activities; or

(ii) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.

Findings by the SEC, CFTC or an SRO that a person: 1) "willfully" violated the federal securities or commodities laws, or the Municipal Securities Rulemaking Board (MSRB) rules; 2) "willfully" aided, abetted, counseled, commanded, induced or procured such violations; or 3) failed to supervise another who commits violations of such laws or rules.2
Certain Associations: In determining "association" for purposes of Exchange Act SS 3(a)(39)(E), FINRA will use the definition of "associated person" set forth in Exchange Act SS 3(a)(21).

^^^ I can google too... but I'm sure the random lawyer who doesn't specialize in securities law knows more than the legal & regulatory team at FINRA that drafted the regulation...

here is the link to the FINRA website that clearly outlines the regulation:
http://www.finra.org/Industry/Enforcement/Adjudica...

Sorry to pop life bubbles here... I'm just relaying factual information... not sure why everyone is so upset here...

10/16/11

/thread

10/16/11

That is some life crushing news right there. But, I'm glad I stumbled upon this thread because now I know to make sure to never get a felony or misdemeanor.

10/18/11
10/18/11

-MBP

10/18/11
12/3/13
12/3/13

If I had asked people what they wanted, they would have said faster horses - Henry Ford

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