Background Check - Past Arrest
This question is specifically for those who have had a similar experience, or for someone working in HR at a BB. Thank you to everyone in advance for your answers
In 2005, I was arrested and charged for a possession of marijuana in the state of Maryland (less than 1 gram). My attorney reached an agreement with the prosecutor and the case was settled as “nolle prosequi”. I am currently in the final stages of the interview process for an internship position at a BB. I spoke with HR this past week and they basically said they can extend an offer to me once my background check comes back. One of the questions on their application form was the typical: “Have you ever been convicted of, pled guilty or no contest to a crime….” It makes no mention of whether or not you’ve had a previous arrest.
I answered ‘no’ on the application form and returned the document to the HR department. However, I am unsure whether or not I should have disclosed my arrest, as I’m pretty sure this information would be revealed anyways. So here are my questions…….
-Do most companies expect you to disclose arrests voluntarily even though they do not specifically ask about it?
-Should I call the HR department first thing Monday morning and ask them to clarify the question for me?
-Am I fucked?
Schadenfreude.
Was also reccently arrested in Vegas for trying to fight a bouncer and drinking underage in a club; my charges were dropped by DA, would also like to know the answer to this...
Brick, I've been meaning to talk to you about that. You should find yourself a safehouse or a relative close by. Lay low for a while, because you're probably wanted for murder.
arrested for and convicted of are very different things. OJ Simpson was arrested for murder but he was not convicted of it.
If it's a misdemeanor or over, they'll find it. If you were charged and not arrested (ie, accused), then it's easy to argue. If it was dropped, easy to argue as well. If they're still on your record and you said you have no record, that is a bad sign.
This happened to a buddy of mine, and he hired a lawyer. If you have cash in the bank, hire a lawyer and ask him/her and how you should act.
I'm not a lawyer, so these are "suggestions". I hope this helps!
Thanks for the comments thus far everyone.
Just to be clear on my situation, I was arrested, charged and fingerprinted for a misdemeanor offense. However, since the prosecutor declined to prosecute, there was never any conviction or guilty/no contest plea. Based on a strict interpretation of the question on the application, there's no doubt in my mind that I answered truthfully. My question more has to deal with whether or not I should address the arrest and charge even though it was not specifically asked for.
Thanks again.
Schadenfreude-
Based on your latest post, I would say you are in the clear. It sounds as if you were "looked at" for a misdemeanor, and they eventually realized that it was not you. That is what I would say, if asked (and only if asked).
.
Can I get a career with a criminal record? (Originally Posted: 01/27/2016)
I'm a sophomore at a mid grade school majoring in mathematics. I'm conditionally accepted for a masters program for risk management (contingent upon GPA; I have a 4.0 right now, so I don't think it would matter [my school is in the top 5 for risk management]). Anyway, I got arrested for a misdemeanor possession of pot. Due to my stupidity and the circumstances, my lawyer said that I will probably get convicted. Due to my academic and community service record, I won't get any jail time. I read that financial institutions don't hire people with drug convictions from other sources. Is a career in finance realistic for me?
Well at least it's not a felony. Just remember that Bill Gates has a misdemeanor on his record, and look how he turned out. So anything is possible I suppose. I would assume that BB firms would perform more extensive background checks in comparison to a boutique firm. But describe the "circumstances" that led to your lawyer believing you will be convicted.
354231 Well even if I get the maximum possible sentence, it will probably be expunged in 5 years (like a year after I graduate), so would a BB firm hire a person in their mid twenties with no experience?
Canadian working for a BB her as an intern here at a regional office but I only had to disclose if I committed any financial crimes so USA background checks could be different
I don't think anyone will be able to give you a definitive answer as I think different banks / people will look differently at it. I don't think there a blanket ban from hiring anyone with a criminal record so it's really on a case by case basis. Pot has been legalized / decriminalized in so many states now and let's be honest, the vast majority or finance professionals have smoked in their life so I would be hopeful that's not something people would hold against you.
Some laws prohibit disclosing Marijuana misdemeanors in a background check. Move to SF and you'll be fine... Won't even come up. Otherwise they may or may not hold it against you - will depend how seriously they take BG checks and how willing they are to get sued for potential discrimination against a candidate.
Please help! Offer from BB with misdemeanor (Originally Posted: 01/24/2014)
Hi,
So I have an offer for summer internship from a BB but I got arrested less than a year ago for possession of marijuana. I wasn't actually convicted and the case is technically "still going". Basically the judge said that if I don't get into trouble in the next year she will dismiss the case. If the background check starts before it is dismissed, will they revoke my offer?
depends on the BB. it will come up so you you're going to have to disclose it because they will undoubtedly ding you for lying if you don't. Even if the question is "have you ever been convicted" to which it sounds like you can honestly answer "no" (as you got a probationary type deal), this can still come up on a criminal background check. You may want to answer "no" but disclose it to HR before they happen across it.
Good luck - it's a crappy situation. Keep us posted.
When would I need to disclose it? Looking at my offer letter they only required me to disclose criminal activity involving theft or fraud. It had no mention of other stuff. They gave very specific criteria of what I have to disclose.
There is no "correct" answer here.
Word to the wise...make your dumb friends hold your drugs for now on
It will come up on the background check. Depends on how you want to handle it but I think it may be wise give HR a call and explain everything, you can spin it in a more positive light.
is this grounds to revoke the offer? what do they usually care about? The main thing that my case will be dismissed in April like no conviction.
be a man... start doing blow
what was the outcome of this?
Background Check: Criminal History (Originally Posted: 05/10/2013)
I just graduated from college and am currently interviewing with firms. Throughout my four years at school I had four convictions, all for "underage possession/consumption of alcohol by person under 21."
I was never arrested or put in jail for these. They were petty misdemeanors in which I just called in and paid a fine for them. Will these be bad enough to have an offer rescinded? Thanks in advance.
This is like a parking ticket dude... Nobody gives a *****
Yes, but if you had like 20 parking tickets, people would start to raise questions.
The nature of the "crime" isn't as severe. However, FOUR convictions?? That's more disconcerting.
yes. it will be a big problem
It's gonna raise a red flag but I don't think it's going to destroy your chances
You should be fine man.
I know it's a lot and the thing that sucks even more about it is that one of them I shouldn't have, our parents beer cooler was still on the boat when we took it out (the possession). The other three I got when we had team parties/events on Saturdays at school (I.e. rookie party, end of the season party, etc.)
I'm hoping that it helps that I was an NCAA athlete and was involved in EC like the Investment Fund so they can see I'm not a complete boozehound like some students.
your campus PD do this? or out in public? either way, that sux
If they ever ask, just say u where "enjoying your college years in a foolish way". Case closed.
I have a couple MIP's like you're describing and a couple open containers as an adult, I've always been fine. I don't think anyone really gives a shit about alcohol related violations, especially misdemeanors.
Don't lie but don't answer a question they're not asking either. If they ask if you've ever been convicted of a felony or something and you've got like, a couple misdemeanor delayed summonses, no need to put that in your background check papers.
Just keep in mind that when you have to drop piss, and you will have to drop piss if you're in NYC, make sure it's not your first piss of the day, but don't fuck with it. You fuck with it and they'll take hair.
Thanks for your responses, I appreciate your feedback.
NYCbandar what if it says "Have you ever been convicted of a crime?" That's where I get confused because a petty misdemeanor isn't considered a crime since there is no jail time and the fine is under $300... Should I list them?
All the help, the better. Thanks again, people.
If it asks if you've been convicted of a crime without specifying felony, And you have been, I think you're better off saying it than not. They're going to pull your record, and if it's on there it's on there. Lying about it is just going to make you look like a liar. Won't make anything better.
Just say you got a ticket for drinking when you were X years old. I have a couple of those and it wasn't a deal breaker. Maybe depends on the bank, but you can't really get away with lying about criminal record anyway, thats one of the only things they definitely check.
Look, they'll most likely just ask for felony convictions. Make sure you know exactly what your ticket is, and admit it if it falls under the question. Don't admit it if it doesn't, but don't worry if it does. Nobody cares.
Cool, sounds good. Thanks again for the feedback!
Misdemeanor Issue (Originally Posted: 02/11/2013)
I received an offer from a small consulting firm (
Better call Saul.
I know there are certain exceptions for listing misdemeanor marijuana charges, but I'm not sure about the semantics. Call or e-mail an employment attorney. This should not cost you anything and be as painless as a quick phone call or e-mail.
Or
Do some Google searching.
Assuming you haven't gone through the background check process yet? If you haven't get a lawyer to get it expunged, better not worry about it for this job/the future.
Another Background Check Question - Junior at a target (Originally Posted: 11/26/2011)
Sorry for another background check question, but I'd like some help regarding this one. Currently a junior at a target, looking for BB IBD.
Was charged earlier in the summer with possession of marijuana, as were the other occupants of the house I was living with at the time. Went to court, unofficially(I think) agreed there was evidence to convict and received deferred prosecution (case is continued for a year, at which point it will be dismissed).
I know this will come up in a background check (IBD), but how much will it affect me, if I receive a BB offer? I've talked to a couple of HR contacts, and they've all said it won't affect the recruiting process, and their internal/background check group will discuss on a case by case basis after receiving an offer.
If I disclose it, say it is currently continued, and will be dismissed in a year, will that be enough? I have a drug test from the day I was charged saying I've tested negative for all drugs (this is an official one from a company that some banks use to drug test).
Please don't offer baseless opinions or suggestions for the future; I know that I should not have been in that situation, and won't be in the future. But, I would appreciate any first-hand knowledge, or if anyone has any internal group contacts, I would really appreciate it if you could pass along the info.
Thanks
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