Exactly what do banks/other fin companies want to know about your criminal record?

hi,

so i was wondering: what exactly do banks want to know when it comes to your criminal history? or in other words, how are their questions worded? do they ask something very broad, like "have you ever been arrested?". Or something more specific, like "have you ever been convicted of a misdemeanor or felony?"

i am curious because i have an arrest on my record from a couple of years ago...i was arrested for disorderly conduct and then released a couple of hours later. basically i was hammered and being belligerent. no violence or damage to property though. i was released without charges being filed...it was a first time offense and a non-violent one, so they diverted me to some program on a pre-charge/pre-trial basis, wherein i did like 5 hours of community service. they told me that i was never even charged, let alone convicted, but there seem to be 10 million definitions for these terms out there.

is this going to be a problem for me when the background checks roll around? do banks ask for this kind of thing? if they ask "have you ever been arrested?", obviously i'll say YES. but if they ask "have you ever been convicted?" should i still declare my arrest (say something like "No, but i have been arrested")? what's the way criminal record questions are usually phrased? and what's the right way to go about answering them in my case? what i don't want to do is say No to something (maybe to the conviction question) and then be accused of hiding something. however, i also don't want to reveal shit if there's no reason for me to do so.

also, is there any consensus on what kinds of arrests/charges/convictions banks and other financial companies care about? is it a disadvantage to have anything on your record, even if it is really minor?

finally, what's the timeline for this whole process - offer, background check, etc? and are they allowed to ding you for the kind of charges/situation i faced after they make an offer and you accept?

hope to get some feedback from you guys. thanks a lot!

 

It can be asked a few different ways. Here are some of the ways I've seen it asked:

  • Have you ever been convicted of a crime?
  • Have you ever been convicted of / or pled guilty to a felony?
  • Have you ever been convicted of / or pled guilty to any felony or misdemeanor involving theft, larceny, purgery, etc. (basically anything that could involve theft, lying, stealing, cheating)

Typically, you either get the general "have you ever been convicted of a CRIME?" question or the "have you ever been convicted of a FELONY?" question.

 
Best Response

thanks ibank.

  1. so usually the questions aren't about arrests but about convictions?

  2. i can answer NO to all five examples you gave. but should i be disclosing my arrest anyway, even if the question's about convictions or felonies or whatever? i guess that's one of the main concerns i had - when they do the background check, the arrest will probably show up. no charges will show up since there no charges (obviously no disposition either). but the arrest probably will. will this be a problem? will they be pissed about the fact that i answered NO (even if it's the correct answer)...do they look for FULL VOLUNTARY disclosure even when it's not specifically asked for?

  3. so, is the presence of any kind of criminal record an automatic deal breaker? do you think they'd give a shit about someone having got hammered and arrested for disorderly conduct in college?

thanks again, and i hope to hear from you and others soon

 

It is a two part question really. Have you been convicted of a felony? Are you honest about your past?

The second is generally the most important really. I would ask them to be more specific about what they are asking. If they want to know everything, then disclose it. Any kind of criminal record is not an automatic deal breaker, but they do want to see a level of maturity that shows you are able to look at the past with some reflection.

Hope this helps.

 

Don't volunteer information that can damage you. /EVER/. If you can hand on heart answer no to the precise question that has been asked, then answer no. The people that draft these questionnaires are not idiots. If they were focused on arrests they would ask about it.

As for whether its a deal breaker, no. But it does count against you, and if its a line ball call then you could be in trouble. What is a deal breaker (other than serious crimes) are convictions that go to your character - principally crimes of dishonesty.

“I'm tired of this back-slapping "Isn't humanity neat?" bullshit. We're a virus with shoes, okay? That's all we are.” - Hicks
 

yes that does help czech, thanks friend

hm. no i was never even charged, let alone convicted. and i was arrested for what would be a lower level misdemeanor even if i was to be convicted.

so i should ask them about what they are asking? that would be basically like initiating the conversation on my criminal record, right? so even if the question is "have you ever been convicted of a felony?" - which i never have, i mean i've neither been convicted of anything, nor arrested for a felony - should i still bring up my arrest? i guess the key questions remain...

  1. when they ask something like "have you ever been convicted of a crime?" or "have you ever been convicted of a felony?" are they actually expecting you to not just answer that question but also volunteer any and all information on your record that's not asked for? so that if i answered the questions as NO, they could still come back and say that i hid something (even though it was not asked for in the question)?

  2. if i was to just volunteer the fact - not is these terms, obviously - that i was arrested in college for getting hammered and causing a ruckus (though there was no violence or property damage, just drunken belligerence), would banks/other fin companies care?

hope to learn more. thanks again!

 

thanks wageslave, appreciate your input. if you come back to this thread do take a look at my post above and answer the 2 questions (or set of questions i guess). you partly did already.

 
  1. You've got to understand the mindset of the people asking these questions. It will either be a screening interview by HR or a form that you fill in. They simply want to check the boxes - not a criminal, not a bed-wetter etc. If you answer yes to this or ask for clarification (i.e. "what exactly do you mean by a crime / felony?") They are expecting that you're clean cut enough to just answer the question as no and move on. Neither you nor HR want to get into that awkward situation where you're trying to distinguish an arrest from a conviction.

  2. Yes, they will care. It will be taken into account. Not necessarily the arrest, but that you couldn't control your boozing and that you are belligerent when drunk. Do not volunteer it. If you're worried it will come up, pay the coin and get a record check done on yourself and see what comes up.

You're interviewing to be a very small part of a very big machine in an ultra competitive job market. You are eminently replaceable and you do not want to give them any reason to chuck your application.

“I'm tired of this back-slapping "Isn't humanity neat?" bullshit. We're a virus with shoes, okay? That's all we are.” - Hicks
 

Ok...so you say: 1. don't bring it up. 2. hope that it's a question which you can categorically answer NO to. 3. if they ask about convictions, don't mention an arrest.

any other opinions on this?

what about the timeline for this whole process. when does the background check actually come up? after they have extended an offer and you have accepted? or before they have extended an offer? I would VERY MUCH prefer the latter timeline. so, which is it?

thanks again to everyone helping me out.

 

Usually after in my experience, but I've not worked stateside so I can't say for certain. What they will probably do is extend the offer with a clause in the contract allowing them to terminate you if you fail a background check.

“I'm tired of this back-slapping "Isn't humanity neat?" bullshit. We're a virus with shoes, okay? That's all we are.” - Hicks
 

anyone else has any info...specifically for US practices.

whats the time line like? is the background check done before or after the offer? if after, is it near your start date or nearer to when you accept the offer.

also, other feedback on the previous issues would also be GREATLY appreciated.

 

I wouldn't volunteer any information that could potentially harm your candidacy. Bottom line is, if they do a background check and there is some kind of a charge on your record, they'll see it. The key here is being proactive and being honest. If they ask you the standard, "have you ever been convicted of a felony?" question and the answer is no, then you're fine.

The way the background check has worked for me in the past is 2 fold:

-- I've received offerrs contingent on passing all required background / pre-employment testing (credit check, background check, drug test) -- I've had them run background checks prior to extending an offer

It can happen either way. If you don't mind sharing, what's the crime on your record? If you can provide some more info I may be able to provide some clarity for you.

 

hi ibankhard

thanks again. my crime was disorderly conduct and resisting arrest. it was a first offense and there was no violence of any sort (nor any damage to property etc.). basically it was me and a couple of friends getting hammered (we had just graduated and were "celebrating") and we got loud/rowdy/belligerent. when asked to leave we didn't so the bar called the cops. since i didn't understand what i was being arrested for and the cops refused to tell me, i argued with them and resisted (although it was passive resistance - me refusing to put my hands behind my back, that sorta deal). so that was the resisting arrest part. anyway both charges were for non-violent offenses. they took me in and put me in the drunk tank. a couple hours later someone came to pick me up.

anyway, i showed up at court and the judge just instructed me to go to another room for a diversion program. there i was told that if i signed up charges would never be brought (as opposed to charges being later dropped for successful completion of the program). i signed up, they gave me like less than 10 hours of community service, i did the hours and they discharged me as a "positive termination". so basically my record consists of an arrest, but there is no disposition, no formal charges, no conviction.

so, i'm a bit confused about your previous answer, and sorry if i'm thick in the head, but on the one hand you say that i shouldn't volunteer any information and if i can answer No to "have you ever been convicted of a crime/felony" or "have you ever been arrested for a felony", then that's what i should do - write NO. but on the other hand you suggest i should be proactive and honest, which to me suggests revealing my arrest (in a note) even if i write NO to those two questions, since my arrest will show up on their check regardless of whether they are mostly just interested in convictions. i think i'm probably just missing something...do you mind explaining a bit more? or anyone else for that matter?

 

I would advise you to answer honestly and check no to all things that apply. This is not a bad offense and is completely explainable if given the chance. If/when they run a background check on you and they have questions, they will contact you and you can explain yourself then.

From what I have heard, most firms are looking for people that have committed crimes that involve money. If your crime did not involve money, then more than likely, you are in the clear.

 

perfect. thank you lion, beluga and advocate. seriously, i really appreciate it.

ibank where'd you go?

thanks again to everybody. getting where i want to get with my concerns.

 

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