How bad does a drug charge that got dismissed affect my employment at a bank?
Long story short, I got mixed in with bad friends and I ended up getting arrested for drug possession. I received an ACD which eventually got the case dismissed and sealed. I have called the clerk's office and made sure that it was sealed. Fast forward to now, I have a fingerprint check coming up after receiving a conditional offer. I am worried that my offer might be rescinded due to my prior arrest that led to no conviction. First time posting on WSO but have browsed very frequently. I have also been told that any crimes related to theft, fraud, or any financial crimes will automatically bar a candidate from employment. How does a prior arrest (drug charges) that led to no conviction affect my employment?
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If there was no conviction they will not bar you from being able to register with FINRA (required to be an agent for a broker-dealer), especially for a drug charge. I honestly don’t know how banks handle arrest records or if they even have access to those records, but in terms of if you would be allowed to work at a bank, you would.
Thank you for your response. As far as banks handling arrest records, Im afraid that the FBI fingerprint check will showcase the arrest record. Not entirely sure if they do or not
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It shouldn’t
Just so I understand it - what exactly is an ACD? Is it the equivalent of a Pre-trial intervention or advanced rehabilitation disposition program? I would see about getting it expunged. As far as appearing on your record, it shouldn't, but I would check with your lawyer about that.
ACD is adjournment in contemplation of dismissal. Its a decision to adjourn the matter 6-12 months before completely sealing and dismissing the case. In my state we only have sealing no expunging records.
Got it. Yeah, every state is different. In that case, call your lawyer and ask what to do. Questions like this should be covered under your retainer agreement on the matter.
Will not be an issue. Disclose it if asked (I think if it's older than 7 years it won't even show up) but you weren't convicted so that's kind of the end of the story
If it eases your mind, under NY law it's actually illegal to rescind for an arrest that didn't end with a conviction if the case is settled
I thought financial institutions were an exception where they do not have to follow the NY Fair Chance Act
Not a lawyer, but I believe the only exceptions are to areas of the law that are in direct conflict with FINRA regulations (i.e. if you have a fraud conviction and are statutorily disqualified, they don't need to go through the whole fair chance process with you)
The rule of "no rescinding for arrests that did not result in convictions" is not in conflict so that should still hold.
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How did this play out? Dealing with something similar
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