Misdemeanor Crime... Please Help, Need Advice
Okay, this is really embarrassing and stupid but here it goes. Currently, I am working in IB working as a contractor and my end month is in February. I was out shopping and buying food and then I got the stupid idea to steal an item. Anyways I got caught and got arrested fingerprinted mugshot etc.
I talked to my lawyer and he says most likely these charges will get dismissed after some community service, I live in CT btw. What I am worried about is having this stuff show up. I am going to see if this gets expunged or whatever I got to do so it doesn’t come up in a background check. My lawyer says it shouldn't but I should contact him when I have to apply to places.
SO anyways if my current job gives me a job should I disclose this information even though the charges will get dismissed? I was also trying to plan to attend the state school for MBA yeah I know not a top tier. I am panicking and I can't even sleep at times any help will be appreciated.
Can An ACD Affect My Job Search
An ACD violation or Adjournment in Contemplation of Dismissal charge is when an individual has their case adjourned for six months, to a year, depending on the severity of the charge. While a dismissal with community service won’t necessarily show up on a regular criminal record check, it will on an FBI check, which is what the financial industry uses.
Whether to disclose depends somewhat on what stage of the interview process you're in but keep in mind, a potential employer will find out eventually.
User @NYU, Private Equity Vice-President shares his insight:
The most important fact in all of this is what point in the process are you in???
If you have not pleaded guilty yet or been convicted then do not disclose it. DO NOT DISCLOSE. If your lawyer thinks it will get dismissed this sounds to me like you are still fighting the charge. Most likely you will plead to a lesser charge (i.e. not a misdemeanor) and get a slap on the wrist (comm. service) and the most important life lesson ever. Am I on point here?
You will also need your lawyer to take into account the FDIC Statement of Policy for Section 19 of the FDI Act
User @Febreeze states:
Don't listen to your lawyer. Tell him to talk to the judge, and have her let you do the community service or anything - off the books - and have it completely dismissed for the sake of justice - because a pre-trial diversion will affect your prospects to work on the sell-side, for the government, museums, a lot of other shit. Make sure he knows about it. and acts on that.
Read More About Disclosure On WSO
Want Your Resume Reviewed by a Pro?
The WSO Resume Review Service has hand-picked the best professionals from thousands of currently practicing finance professionals… people who live and breathe their industry - day in and day out… who can tell you what’s changing firsthand…who LOVE giving back and will keep you up-to-date on everything you need to polish your resume and land more interviews.
You are in trouble. Stupid actions have harsh consequences. Unless the charge is actually expunged, you should disclose it. A background check WILL find out if you have convictions.
This is definitely going to be a major problem for any job in any financial services firm. If it was anything other than theft, forgery, or anything similar, it wouldn't be as bad as this.
You can basically get away with bloody murder and still work in finance, but the minute you do something related to dishonesty, theft, forgery, or embezzlement, you're out in the cold. I used to joke with my fraternity brothers that I could roll up to the office in a limo, drop three dead hookers' bodies out on the pavement, and have a three-lb. bag of cocaine fall out of my pants and have people pat me on the back and go "Must've been a great night!" but if I ever got caught shoplifting a pack of gum, prosecuted for using a fake ID, or received a mark on my transcript for plagiarism, I'd be barred from the industry forever.
Which makes sense given the high level of honesty and integrity displayed in financial services!
About the plagiarism comment, do banks recruiting on campus have access to information about students who plagiarized? There's another girl interviewing for the same bank on campus and a friend told me she got kicked out for a semester because of plagiarism. I was surprised that she still got an interview because I had thought that would be an automatic ding.
Also, hi everyone, this is my first post, but I've found the forums here extremely helpful over the past year.
Wow! Honest frat people! I never new the world was such a great place.
Wait a second. The most important fact in all of this is what point in the process are you in???
If you have not plead guilty yet or been convicted then do not disclose it. DO NOT DISCLOSE. If your lawyer thinks it will get dismissed this sounds to me like you are still fighting the charge. Most likely you will plead to a lesser charge (i.e. not a misdemeanor) and get a slap on the wrist (comm. service) and the most important life lesson ever. Am I on point here?
Yeah... this. Doesn't the question ask if you have ever been CONVICTED?
I typically see "convicted or arrested for...."
Thanks yeah my lawyer said he believes it could get dismissed but you never know. Im just hoping for the best and it works both ways here I guess I guess a dismisall after some community service or program is the equivalent of it being expulnged. So Idk. I am kinda neverous dont know what to do, but im saving money just in case for a back up career in the med field in nursing or something....
dismissed how?
if it's through a pre-trial diversion, then you're fucked.
Are you talking about ACD? I don't think ACD's show up in BG checks.
I don't know if there will be a pretrial diversion, my lawyer said I didnt have too after talking to the prosecutor the other day he said I just go to pay for that item, get banned from said store, and do a few hours of community service and go back to court in a few weeks and the charges will be dropped, but im so nervous IDK what to believe. My lawyer is a very experienced lawyer he is a criminal lawyer been doing it longer then I have been born and he was a bit pricey but he seemed to me like the going rate. Anyways this lawyer just to me dosen't seem to knows about FDIC act 19. So I just read the part about the pre-trial diversion and I am like wow! So even if I do it which is like 13 month thing in CT and I complete it could I still possibly show up in a background check and be barred from working?
That sucks bro, hope it works out for you.
here's your best bet:
don't listen to your lawyer.
http://www.fdic.gov/regulations/laws/rules/5000-1300.html
tell him to talk to the judge, and have her let you do the community service or anything - off the books - and have it completely dismissed for the sake of justice - because a pre-trial diversion will affect your prospects to work on the sell-side, for government, museums, alot of other shit.
most laywers who deal with this stuff are fucking idiots. make sure he knows about it. and acts on that.
Nice. How did you come across this?
Edit: To OP, if you didn't already know this, having your record sealed or expunged doesn't matter when applying for any federal related positions/applications. It only hides blemishes from the general public, not the feds.
my lawyer told me this that it can still appear when I apply to government jobs, but those this include jobs that are say investment banking as well? An answer would be greatly appreciated.
Hey man sorry about that happening. I guess we all live and learn. I can't really help you, just wanted to show support for what it's worth.
Thank you and I will pay the consequences for what I did. I hope my story will help some other college kid out there think twice about doing the stupid thing I did. And for you college kids using a fake ID this could also ruin you as well.
Thank you and I will pay the consequences for what I did. I hope my story will help some other college kid out there think twice about doing the stupid thing I did. And for you college kids using a fake ID this could also ruin you as well
Don't say a word to anyone about it until you know what the outcome will be.
And no matter the outcome, ask your lawyer how soon you can have your record expunged or sealed. Your "arrest for theft" will still be on your record even if its dropped. You will want to get rid of that asap.
If you're going to be applying for a new job in Feb or March, you might try to keep pushing back your court date until you've secured a new job. Worst case scenario, this will defer having a conviction show up on your record during background checks.
Given its your first offense, and your story that you are in a financial bind, theres a good chance the judge may show you mercy. If you are young, that helps too. Because you're dumb.
A lot if this might come down to strategy and timing. Ask your lawyer about it. And beware, not all lawyers are great with strategy, so don't be shy to make suggestions.
THIS.
I can't stress enough how much you need to take the initiative. A bad lawyer will fuck you, and ruin any chances you had. Believe me.
Febreeze,
Can you explain why a pre-trial diversion would be a disaster? Does that not mean that he does not get convicted? So how can you find something on a BG check when he has not been convicted?
What about having it reduced to lesser crime than a MD such a fine or community service? I don't know much about law, but what do you call a crime lesser than a MD. Felonly > MD > ?
OP, good luck with this tough situation. We all make mistakes, hope you get out of this one.
if he was arrested, they took his prints. fbi checks involve prints.
MD>fine
the problem with a fine is, by taking it you're basically admitting moral turpitude.
I should qualify all this by saying in regular professions (ones which don't go through the fbi) it will not be available. UNLESS - the background checking company goes to the precinct where you got arrested.
so, OP, change your address PRONTO.
Good luck man
ALSO, make sure your name doesn't show up through a google search because of a police blotter site.
http://www.wallstreetoasis.com/forums/i-will-pay-you-to-ungoogle-me
.
I don't understand why you need a lawyer. You posted that you stole an item. We get it.
Damn this online stuff is scary. Always makes me think of this: When one of our generation runs for President, god knows what dirt will be dug up on them.
Gotta be careful on what I do online.
So my buddy was going to Florida for a WWE event a while back. He has add or something that he uses to blame his bad behaviors on sometimes, and uses some drug to counter it. He went off that drug during the drive and for a couple of days before, and when he got to Florida, he got in to a fight with a guy who he had gone there with and cut his arm while punching something. He went to a mcdonalds and had some food but had the cops called on him - they tell him to leave, and he does, but then goes back to get his food that he had left there. The cop said he was resisting his orders (or something like that) and arrested him, put him in jail for 2 weeks while hopping him up on meds, and apparently Florida has some of the harshest anti crime laws in the country, and they put his face up online. When you google his name, his mug shot is now the first thing you find on google on this site: http://www.bustedmugshots.com/
Hes going to have a hard time finding a job because of this. Plus the 2 weeks away from work got him fired.
Febreeze is right. When the lawyer tells you that you're not gonna have a criminal record in some sort of plea deal, don't believe for a second that applies to buy side. You need to get a lot of money together fast and get the best lawyer money can by. You need this case to end in a complete dismissal. No pre-trial diversions, no community service and no plea deals.
Unless of course you're a youthful offender, but based on the sound of things, that does not appear to be the case.
Can you elaborate in lamens terms how something like this affects working on the buy side?
I meant to say sell side. Buy side you're good, but good luck getting to the buy side without sell side experience. Mutual funds you're fucked too though.
i'm not completely sure it would affect you working on the buy-side (depends on their due diligence; which, if you're applying to a decently sized shop is probably pretty fucking outstanding.) But it will definitely kill any chances of working for an FDIC or SEC regulated company, e.g. any investment bank.
keep in mind, if this is petit larceny - you will be approved after five years if you clear the requirements delineated in that fdic link.
It sounds like OP will probably meet article B(5), De minimis offenses, and this most likely won't destroy his career.
Except maybe the 5-year part........
Jdoasis.com, where ya at?
While many here know at least something about your issue, it'd be better to direct this to the folks over at jdoasis. Get 2nd and 3rd opinions unofficially, since you aren't likely to want to spend 10-20k on lawyers.
From my experience (underage alcohol possession), getting something expunged is NOT easy. At least in my state, it is one heck of a process, and for me, it's not even worth it.
As per the honesty part, absolutely be up front with everyone if they ask on an application. Right now, it is what it is and it doesn't look good, but you can dig your way out. You can craft a narrative how you hit bottom but have totally reformed yourself. You should start doing a ton of volunteering at your local church and do some inner-city volunteer stuff as well. Things like that can show how you're a new person (which you probably are after this) and are totally reformed. I believe there is a way up from this.
Best of luck to you, hope all goes well!
I was in a similar situation long, long ago. Here are my tips:
Find a good lawyer who deals a lot with this stuff and has a good relationship with the D.A. (because that's who will be prosecuting you). Communicate to your lawyer what you need (in this case you need the charges dropped), and tell him not to settle for less. Most of the times with shoplifting from a grocery store (ESPECIALLY if it wasn't booze or tobacco) isn't a big deal. No one really wants to take you to trial over stolen food, especially if the value of the food was low. Bottom-line, if you lawyer up, and make sure he's good, you should be fine. Also, don't hesitate to drop the extra cash on a good lawyer, you will be forever grateful if it saves your career.
This gives me hope. I would love to speak with you some more through pm if you give me permission to contact you.
Also, if this isn't a corporate store or something, you might be able to go to the owners and have them drop the charges.
WHAT???
i don't know what's sadder... the fact that you suddenly decided to steal something from a grocery store, or the fact that YOU GOT CAUGHT. like seriously wtf... how do you get caught stealing from a grocery store??
I was just going to say - go to the store and BEG!!! even if it means cleaning the toilets for weeks till the owner(s) drop the charges
I saw a guy steal something from a grocery store last week and it made me pretty mad, mostly because it increases the prices that honest people like me have to pay.
Good luck.
No moral judgement but what enticed you to steal? I don't get people (e.g. at house parties) that didn't need to steal stuff but do anyways. But to say it was stupid decision would be a horrible excuse and damn nearly a dealbreaker.
Curious about how this conversation would turn out if you disclosed what you did.
Interviewer: I understand we all make mistakes. So tell me why you decided to steal?
You: {Insert Here}
Laudantium ipsa rerum non. Mollitia quis incidunt voluptatibus dolores neque libero et temporibus. Cumque provident excepturi nam dolores ut voluptate nesciunt. Maxime aut voluptas commodi dolor explicabo illo. Unde tempora hic provident maxime.
Nisi harum ipsa impedit explicabo veniam. Ipsa repellat laudantium magnam possimus. Dolores autem amet suscipit necessitatibus qui voluptatem fugit.
Sit laboriosam eum ut et quam reprehenderit et. Tempore aut quibusdam qui est. Quam provident consectetur odio veniam eos.
See All Comments - 100% Free
WSO depends on everyone being able to pitch in when they know something. Unlock with your email and get bonus: 6 financial modeling lessons free ($199 value)
or Unlock with your social account...
Qui asperiores voluptatum facere. Mollitia occaecati enim ullam modi qui natus cum. Aspernatur possimus exercitationem omnis sint. Voluptate similique deserunt id quod dignissimos architecto et.
Sed reprehenderit excepturi eaque in perspiciatis voluptatibus magnam. Recusandae occaecati enim repellendus voluptatum sit. Id culpa quia voluptatem saepe rem aperiam illum. Provident nemo qui aspernatur officiis cumque rerum voluptatem.
Voluptatibus quisquam id recusandae maxime reiciendis. Aut cupiditate dignissimos ad velit accusantium molestiae sequi. Possimus ut voluptate quaerat omnis voluptatum quisquam nulla rerum.
Quia sunt ea et odit quia quos velit. Id ab quaerat et commodi. Nostrum voluptatum illum est est fuga dolorem eos. Nesciunt ullam quia ut modi nulla consequatur.
Et impedit quasi laboriosam ad consequatur. Provident odio ex maiores at. Explicabo repellendus aliquam aut est quia dicta. Porro ipsam qui sint aspernatur excepturi expedita error. Quis ea error est ut sit.