Will Citation for Low Level Misdemeanor Get Offer Rescinded
Hey everyone.
I received a citation (essentially like a summons to court w/o an arrest) for a very low level misdemeanor (think MIP, MIC, Trespassing, Etc). Even though it's just a citation, I am still officially charged with the crime. I plan to hire a good lawyer to fight it in court for me and get it dismissed. If it does not end up being dismissed, what course of action should I take wrt the BG check form. Should I disclose it on the form, or just claim I thought it was a ticket, as it is such a low level charge with no accompanying arrest? How would HR respond and is there anything else I should keep in mind? For context, am at a mid level BB.
Any advice is appreciated.
Spend as much as you can to fight it or get it down to a non-criminal offense. On the background check form if they ask if you were charged with a misdemeanor however you need to disclose. If they ask if you were convicted of a misdemeanor then be honest (if you win the fight or get it down to a non-criminal offense you say no, if not then you say yes). If they ask if you have ever been arrested then you can say no.
Lying on the background check form is a much more serious offense than being honest and dealing with the consequences. People have had their FINRA licenses stripped for lying on compliance forms about incidents that weren't even required to be reported to FINRA. And even if it isn't that serious, once the firm finds out you lied you'll 100% be fired.
With that said, I have no idea what MIP or MIC mean, or the particulars of your offense, but as long as it wasn't theft / fraud related then they probably won't care too much.
Thanks for the helpful response! MIP and MIC are basically Minor in Possession and Consumption of alcohol respectively. Imo mine is even less serious than those so, will just have to explain to HR when the time comes if the lawyer cannot cut a deal.
Del
Citation so no fingerprints. Criminal charge but the lowest level you can get before a traffic violation
Del
A citation for underage drinking or something similar isn't going to get your offer rescinded. Just be honest about it in your background check. If you lie on your BG check you may get your offer rescinded.
One piece of advice I’d give is to make sure you get your criminal record after the case is over. Hopefully you can get the charge dismissed. If it comes up empty, make sure you communicate with your lawyer when signing legal docs for offers and read fine print. Most ask if you were convicted which if dismissed you aren’t.
Just be careful with rereading everything to make sure what they are asking but I’m sure you will be fine.
Del
Yes you can just search up criminal records for your state and you should find a place but it won’t be free
If they ask specifically about that type of incident, then you should disclose it. At my firm I'm the one that has to do the background checks (compliance) and I couldn't care less about something as small as that.
Definitely work your ass off to get the charges dismissed - or even some sort of pre-trial diversion like alcohol school. Make sure your lawyer knows (and the judge) that you're working in finance, this was a one time thing/stupid young mistake, and you don't want it to follow you. These types of things are usually not that hard to fix, present yourself as an upstanding citizen and most judges will find a way to keep it off your record.
That said, you do have to disclose if you're convicted, but no one will care about or rescind for something this minor. You will be in way more trouble if you pretend you didn't know.
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