Question - Background check
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What was the issue that caused him to fail the background check?
Your friend should sue his lawyer for malpractice because this is a serious issue especially if he lied.
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i pleaded nolo my freshman year when i got into some trouble in the city (Stern incident #1 lol). Stupid freshman activities with fellow teammates. Luckily it wasn't on campus and almost got booted from the football team. Expunged typically means that after your probation and fines and community service is all dealt with and your misdemeanor will be off the record meaning when doing background checks nothing will show up. It really depends on what your friend did and whether it was rendered a misdemeanor or a felony. If it was a DUI then its a felony and will not come off his record. I've heard from various friends who are in law that say it is more difficult to beat a DUI case relative to a murder trial.
no i think he got caught drinking and something, he said it was not a felony or misdemeanor, but some agreement that if he stayed clean for 6 mos, that it would get off his record. His lawyer told him it was expunged and done with, but apparently that is not the case. what steps should he take, because he is afraid that the fact that he failed background check will get around to other people on the street. Is this true, or will he be fine in he future with other banks. i assume he is screwed forever for that bank, but it was some minor infraction i believe. it was for sure not a felony from what he tells me.
well how long ago was it? maybe his probation isn't finished which is why it is still showing up.
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Honestly theres not much your friend can do because the firm already knows about the incident. Chances are even if your lawyer sends a notice to the firm they will still stand by their decision. I would def follow up with the lawyer and personally follow up and see if he has anything on his record outstanding. From this point your friend should just act like he never interviewed with the firm and i doubt hell get blacklisted but also make sure he follows up and checks on that as well. His lawyer def has some explaining to do.
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Sounds like your friend lied on the application, which is why he got the boot. No matter whether it was expunged, sealed, or whatever - he should have fully disclosed what happened. The securities industry is one in which almost any position, from rainmaker to ops-monkey, requires an measure of trust and integrity which is immediately called into question when someone lies on their application about an arrest or legal incident. I don't think your friend will be "blacklisted" persay, but the world of finance is a small one (and getting smaller as we speak) so I would suggest he dot his I's and cross his T's on his next application, with full disclosure of some stupid college mistake.
~AG
edit: to add to that, banks don't do their own background checks, they shop them out to background-checking firms. So chances are, if your friend failed one check, he will fail them all. Definitely sounds like it wasn't just drinking. Maybe some sort of domestic disturbance? Having his lawyer send a note will not help. It will likely go right in the trash and they will move to the 1000-thick stack of resumes with people with clean backgrounds. Sorry to be harsh but it's the truth.
He has two sets of records, one at the county/state level and one with the FBI database. When a conviction is expunged it is erased from the state level be remains at the FBI. Furthermore there is no guarantee that the state actually process the expunged conviction, it is his responsibility to make sure that they do so, not the lawyers. I believe that background checks can access that FBI database which will show that the conviction was expunged, ie it still shows up. If your friend said that he didn't have any expunged records then he got found out for lying and doesn't have a job. Sucks.
FBI database? WTF? My friend... your buddy is giving you a shitstick of a story and if you don't see that, I don't know what to tell you. I got into some shit way back in high school, it was not expunged/sealed, but I don't believe it got onto any FBI database.
FBI? Listen, I had a couple of incidents with alcohol. I also remember my freshman year one of the frats got busted and police breathalyzed every single person (I wasn't there, but the story was pretty damn big). About 25 freshman were caught. They had like > .15 BAC. None of them got any charges. Police has more important stuff to do than charging every single underage with drinking (unless of course it's DUI).
Your friend did something pretty serious.
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Expunged records are not lost forever they can and do still show up. Also this varies greatly by state so this is something you'll have to have him speak to his lawyer about, not a bunch of investment bankers that wish they had a law degree right about now.
You have spoken like a true idiot. Clearly shows you have no idea. When an item is expunged its completely wiped off your record. It was clearly outlined to me that if i pleaded nolo contendere i would have my misdemeanor completely wiped out after all items were fulfilled and that id still be able to run for president if i wanted to.
...........your friend is hiding something or not telling the truth. Because if your a minor under 21 and you are slapped with a misdemeanor i'm almost positive it can always be expunged just as long as your not over the ripe age of 21.
Clearly you should shut the fuk up - no disrespect. I realize that in a perfect world expunged means that it disappears into thin area but this world ain't perfect dipshit, set sorry dipset. Just because it is expunged doesn't mean that the skeleton is no longer in the closet. On a background check, the offense may still show up but under conviction it will say expunged rather than guilty, not guilty, or nolo. This is because, as I was referring to earlier, background checks can be conducted at the federal level in which case they are using the FBI database which doesn't fall under the jurisdiction of state law and therefore state offenses will still show, albeit with an 'expunged' note for that offense.
If this is the case, the reason why this kid got dinged is because the bank asked if he had any offenses including nolos and those expunged, the kid contacted his lawyer who said that it shouldn't show up (under state records), so the kid said "no I'm an angel," the background check was run using federal records, the kid lied, the dreams die.
Your "friend"...right...
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