Criminal Record HELP
I pleaded no contest to a misdemeanor petty theft charge when I was 18. I was pledging for a frat and unfortunately my pledge bros were completely out of control. They decided to hit up the local liquor store, and I brilliantly decided to tag along. Skipping the details, it's suffice to say we were caught and I joined another frat that wasn't overridden by young hoodlums. Petty theft is a misdemeanor, so I was arrested, but I served no jail time. I only paid a fine. There was no restriction on my freedoms.
Since then, I've had the misdemeanor expunged, so the court record shows that the misdemeanor was "dismissed."
Luckily for me, the BB I'm currently working for was pretty lax with my background check. I presume it was because I was an off-cycle hire. I've recently been offered a position in a highly prestigious group at a different firm, and I am nervous at the prospect of having to face a background check.
Is there a high probability that I will not pass the screening process?
Does expungement mean anything to HR?
Am I worrying excessively?
Please provide insight to a fellow banker who was once young and dumb.
you should be okay. expunged means that they no one should be able to find it/see it/what have you (or at least the details). Family friend got wrongly charged with a felony count went through an indictment process and ultimately the case was dismissed. He works for the government now, and I'm sure had to pass some pretty rigorous background checks. The charge was expunged and nothing was really found.
HerSerendipity is correct. Also, I ran this one by an employment lawyer who noted that the details can't be unsealed without a court mandate. I wouldn't stress it.
its a misdeamnor sevreal years ago that was expunged, you are fine
dude, even if it were a felony: expunged means expunged.
I don't know what state you guys are in, but an expunged conviction in California is still visible with a basic background check. Employers are able to tell that you were at some point convicted because a conviction that is "dismissed" by expungement is still displayed in the court record, but a dismissal by a judge is like nothing ever happened.
Knowing this, does your answer change?
To further clarify, I had a hiring firm run a background check for me. The original misdemeanor conviction shows up with an addendum that shows I expunged the conviction so the misdemeanor was summarily dismissed about a year later.
Do you mind updating on what happened and how you dealt with it?
PLEASE HELP! Offer extended at BB... I was arrested 2 years ago, but not convicted and my record was expunged (Originally Posted: 08/20/2014)
Hey all,
I need your help/thoughts on the following issue.
I was offered a position at a BB and Im currently going through the background check and I'm a bit nervous... 2 years I was arrested at a bar because some drunk asshole attacked my brother and I defended himself. I charged with a felony but the case was dismissed (I was not convicted) by the judge after they reviewed the tapes and saw that I acted on self-defense - I even expunged my record. I obviously responded NO to all questions on the background check questionnaire as they only asked about convictions - not arrests.
I wanted if anyone with similar experiences in the past can share the outcome... I've read in similar forums that even though I expunged my record, the FBI still has access to my arrest file and there's a chance the firm that extended me the offer will have access to the same FBI database.
Any thoughts?Do you think the bank can go back on their decision and cancel their offer?
Thank you very much in advance!
I think you're going to be fine. 1) You haven't lied on any of the questions. 2) It happened in the past. 3) You weren't convicted.
I assume you interned at the BB you received an offer from. If this is correct, the bank already performed a background check prior to the start of your internship. If they perform a second background check, you should be fine. If it's a bank that's never performed a background check, they shouldn't find anything assuming it's been expunged. The government can still see expunged records; however, private parties, such as a bank, are not legally allowed to access expunged records as they have been sealed by the court.
Thanks Luxe.... I never interned at the BB btw
Disclose it on your HR application. No need to mention it otherwise. Since it's not a fraud or securities issue, it is very unlikely to be a problem. Failing to disclose is grounds for termination of employment.
Not disclosing turns a simple fact into a honesty issue.
Background Check - Will be joining the IBD division for an internship (Originally Posted: 12/06/2012)
Hey all! Will be joining IBD at a well known bank this summer for internship. However, had some concerns with background checks. had a small niggle in that about 2 years ago, had a run-in with la policia after a late night party (was sadly over 18). Was arrested along with all party goers for misdemeanor "blocking a public street" charge (nothing alcohol related mentioned in charge, just 'blocking a public street'). Long story short, charge was dismissed, record was expunged etc etc. However, wanted to know if the background checks that banks typically run can dig up expunged records and if so, will this stop me from joining??
Why should he disclose it? It was expunged, meaning that there is no public record of him of having a criminal record at all.
Beyond just the honesty issue, he should disclose it because banks can and often do use any excuse to fire people, especially when the economy turns sour (which is what could easily happen in 2008). Not disclosing something small like this may result in it being used as an excuse/rationale to fire you if it comes up much later on in some context.
It's true that technically being expunged means there's no record, but as others have pointed out, this may not necessarily be true in states like California.
Bottom line is if nothing actually resulted from it and all the charges were expunged, why bother taking a chance when you have nothing to lose by disclosing it?
It seems self-evident to me: you disclose it because if you do, it is almost sure to have no impact on your job offer.
If you don't, you are lying on your application. The question usually states: "Have you ever been convicted of a crime?" or something like that. There's no getting around the fact that the truth is yes, you have. The fact that it is "expunged" has no bearing on fact. You were convicted. Answering no would be a lie. This makes it, from an HR perspective, an honesty issue. If they find your expunged conviction, you get fired. Immediately.
As for them never knowing, I believe the original poster himself has had a background check run, and it shows up. What do you think will happen when his background check turns that up? I don't have to speculate, because I've seen us terminate new hires regularly for this sort of thing.
The two most common causes for terminating a new hire or revoking an offer are (1) failing the drug test and (2) lying about a fact on your application. What you may not understand is that when you submit your application, you can explain many things - I failed a course but here's why, I didn't technically graduate because I still owe $200 on my Bursar's bill at university, I got convicted of this little misdemeanor, but I was young and stupid. All forgivable, and really, not a big deal. But once you fail a drug teat or a fact turns up false, and there's no appeal or "maybe he misread the app form". There's a single policy in that case. You separate the new hire from the firm, immediately. You have to - if you don't you can be subject to liability from lawsuits from people who are terminated (hey, you didn't fire THAT guy right away, you are discriminating against me for whatever reason).
Moneytree, I think I've told this story before on this board, but here goes again: when I was an analyst, I knew of two contemporaries who were terminated in the analyst program at Goldman. One was for almost exactly this situation. He had shoplifted, and had it expunged. Back in my day, firms were more haphazard about background checks. They didn't get around to doing one until late in his first year. They found it, and he was gone. I didn't find out until much later what had happened to him: one day he was there and the next he was gone. The other analyst was double-billing dinners using other people (a practice which I know at some firms was relatively common, prior to the days of Seamlessweb).
This is your career. It would be a shame to blow it up on something as small as one of those two issues, wouldn't it?
Dismissed means you dont have a criminal record therefore you don't have anything to disclose.
Do yourself a favor and don't bring it up and do yourself a bigger favor and don't use the word niggle in an interview.
^LOL. sweet ... thanks man!
Yeah man, you're good, expunged means it is essentially gone forever. Niggle? Can't say I've heard that one before.
Did you get the job?
Info on background check? (Originally Posted: 11/30/2009)
Hi guys, freakedout here.
First of all, I would appreciate it there were some HR people who could give some comments. I'm new at this so go easy on me.
I'm trying to apply for a job at Goldman Sachs but I have a criminal record. I have been extended an offer letter so they like me as a candidate, but I dont know how my conviction will affect me.
It was almost five years back and it was originally a felony grand theft but got pleaded down to misdemeanor theft.
It HAS been expunged and what I want to know is:
a) Will it even show up? and b) Will it affect my chances?
Any advice is hugely appreciated!!!
-freakedout
vote for huckabee and get a pardon?
you're done.
How about a drunk and disorderly arrest which was ruled not guilty?
You're f'd in the a.
I thought an expungement cleared convictions completely. I understand if it wasn't but will it even show up??
What was the outcome of this case?
On a Morgan Stanley App they said if it is expunged then you don't need to say that you have a background. If it has been expunged you shouldn't have any trouble and don't have to report it either.
If it is expunged then you don't need to worry. If not, the best advice I can give you is to be honest and disclose it. I heard it holds more weight than the crime itself. Remember these companies can find out so disclosing it before they learn of it would work in your favor.
Did you get the job.
lol you're definitely in this same predicament - good luck man.
Will a dismissed charge affect anything? (Originally Posted: 10/08/2008)
So this sounds kind silly, I was charged with writing a worthless check in high school, obviously I am in college now and that was ages ago. The money was actually for my high school graduation gown.
I was young and it wasn't like I was intentionally trying to pass a bad check to the guy or anything, I thought he was charging my via credit card instead of the checkand so I just send my credit card information...
But what did I know...and so 6 months later, I received a warrant telling me that I was being charged with writing a worthless check.
So the story goes, I hired a lawyer of course and had the charge dismissed.
Now, will this affect anything when it comes to finance internships/jobs? And should I have the charge expunged or don't even bother? I live in N.C. so I believe that I got get 1 dismissed charge expunged from my records.
I know my current boss extremely well before I got the internship so I knew that was no background check or anything.
I had a similar situation, except I was arrested for underage drinking. I didn't know whether or not I should tell HR before my background check, so I called an HR person I knew at another BB and asked her opinion. After checking with her boss, she said I should disclose it to be safe and that it wouldn't be a big deal. I explained what happened in writing, and also called my HR contact at the bank I now work for. She said it was no problem, that I should include it in my background information but not to worry about it. The poeple I actually work with never heard about it (to my knowledge), and it was never mentioned to me after I sent my backgound info in.
I would disclose, but it should be nothing to worry about.
no one will care
Yeah they just ask if you've ever been convicted of a felony.
As long as you have not been convicted of a felony you should be ok. In the case that something goes wrong, just explain to the HR personel your situation. Best of luck
Are you sure it's just a felony? I'm sure that FBI fingerprint scan picks up EVERYTHING on your record. In which case, yeah, just explain to HR that it has nothing to do with you as a person and has no impact on your performance/ethics at the firm.
How do you get charged for bouncing a check?
I am not sure, if I remember correctly, I think it was a Class 1 Misdemeanor? I live in N.C.
markets are down 500 points and its complete chaos and your asking this. Are you serious?
safest play is to disclose, here. Even if they found out, don't think that they'd care (especially bc charges were dismissed), and given your explanation, you don't have anything to lose by letting them know.
safest play is to disclose here. Even if they found out, don't think that they'd care (especially bc charges were dismissed), and given your explanation, you don't have anything to lose by letting them know.
I went to jail by mistake (state error) and it is on my record. I have wrote a letter for each job but nothing ever came up from firm....
BB Background Check BS (Originally Posted: 08/30/2011)
So I've worked at 2 BBs previously thru internships & post college jobs.
I finally landed a permanent role last week with a different BB. Being as this is my first 'true' job out of undergrad, I decided that I should disclosed everything on my background check. I have a misdemeanor drug charge from college that was expunged over 2 years ago. In the past, I have neglected to list this charge on my applications with no problems at all.
However this time I decided to 'come clean' and be honest since this could very well be a company I work with for the forseeable future. What do I get? I get a call telling me that I failed the background check and they could not release the reason why.
Now I have NEVER failed a background check. People on this forum tell everyone they should disclose everything from correct grades to criminal charges. However the ONE time I disclose this information, I get rejected. Where is the incentive here to disclose your past?
This is bullshit, plain and simple. And where do I go forward from here? Should I stay honest and keep disclosing my past, or should I be a scumbag (I'm beginning to think a lot of people @ banks are) and neglect to disclose?
Only mention what they ask. No more, no less. Did they ask if you had any drug charges?
They told me to list any felonies or misdemeanors other than traffic violations.
Why disclose it when it's not on your record? Honesty isn't always the best option.
Example, I've had a few misdemeanors that were dropped via deferred adjudication. Never claimed them and never showed up on my background check.
Ya, but it's expunged from your record and you know it will not show up. So why list it? Maybe I'm dishonest, but if I know for fact it's not gonna show, I'm not detailing it.
Yeah probably right. I've been told though that expunged charges can still be found in background chex.
Yeah, by the military or FBI or whatever... It's not on your record for a reason though. If BBs can't find it, don't bring it up. That doesn't make you a scumbag. It just prevents you from being an idiot and saying something that's none of their business.
I worked in PWM at a non-BB for an internship and they did the FBI background check which supposedly reveals expunged charges as well, for what it's worth.
Definitely worth consulting with an attorney if you're unclear.
Man that sucks. Drugs are bad mmmkay.
Most applications/disclosure forms that I´ve seen (including one at a BB) just ask if you have ever been CONVICTED of a felony or misdemeanor other than traffic violations. To my knowledge (don´t have a law background, so I could be wrong), in most cases if it is expunged it is sort of the same as being dismissed in court, which doesn´t count as being convicted.
I had a BB app(1 month ago) that asked about deferred adjudications and i dislosed obv didnt get even though I interviewed well. But how could they actually know if i ever had a deferred adjudication or Adjournment in contemplation of dismissal if they are all expunged/sealed?
Ps I ran my fbi prints and all is clean(no record at all) For any body interested i used "field print" and actually got my criminal check back the same day for $43 (even though it usaully takes a week) check it out guys http://www.fieldprint.com
Yup lesson learned. Not disclosing expunged charges from now on.
Hey Genghis -
If I had to disclose a misdemenor Pot posession, that was later 'dismissed and sealed', 8 years ago (in college) on a GS application. How would you word it? You had an insightful post and I wanted your feedback.
Thanks
Got in trouble last night (Originally Posted: 04/18/2014)
made a throwaway account for this question. I'm a junior now and recently secured a BB SA position 2 months ago. Words can't express how excited I am for this opportunity, however...
I came to NYC with my girlfriend for the week and last night we decided we wanted to roll so we bought some molly and were about to take it outside a club. I had the stuff in my pocket and as soon as I pulled it out (I didn't even have enough time to look at it) these cops busted out of a black van, found the stuff on me, cuffed me, and took me to the station. Fortunately, I hadn't passed it to my girl yet so she got off the hook.
My girlfriend has been freaking out this whole time and I've been trying to put a smile on my face to ease her but can't help but be a little scared that this might show up on my background check for the internship.
I asked the cop what would happen to me and he said 'honestly man, you weren't the kind of person we were looking for. You're 20, you go to a good school, you're a good kid with a clean record. Just show up to court at this date and you'll probably just get a ticket. Provided you don't get in trouble for the next 6 months, it'll be off your record.'
My court date is set for late june, which is in the middle of my internship. What do you guys think I should do? Should I tell the bank? I was actually about to submit the background screening authorization form the next day…talk about bad timing. should I write down that I now have a pending court case or should I leave it be if it is going to get expunged?
thanks
Ding
This just about sums it up...
//www.youtube.com/embed/OGp9P6QvMjY
hahahah good ol WKUK
Why wouldn't you do your molly at home or in the bathroom like everyone else? Not behaving like you are too excited.
hah agreed, at least wait until you're inside next time
A background check typically looks for convictions only. If you were only arrested but not convicted of anything yet nothing would show up when they do the check. If on any paperwork it asks if you were arrested before I would tell the truth so it doesn't come back to bite you later. (info confirmed by lawyer buddy)
say goodbye to your career in finance
Talk to a criminal defense attorney prior to submitting your background check. You need to make sure it doesn't show up. When I took a background check (for FT position) at my BB they also checked my arrest record so I wouldn't be surprised if your bank does the same.
arrest history (Originally Posted: 06/10/2010)
Question - I was arrested for retail theft in PA and was convicted of summary disorderly conduct. In PA, the seriousness of a crime is as follows : summary
Dont sweat it unless they do a town by town background check
a law forum might be more helpful
can anyone (applicants or HR ppl) chime in please
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