Should I disclose charge before background check results?

Hey guys. So I was caught shoplifting almost two years ago for items under $30 (I know this is stupid and feel like crap every day about it, so please no judgment) My shoplifting charge was dropped down to a town ordinance. Anyways, I learned a lot from this experience and actually got a summer internship at a buy side shop last summer. Fast forward to this summer, I just received started an internship with a boutique bank. I am told that I would have to take finger prints. I want to be completely honest with HR and let them know that I made a mistake as a kid and have learned from it by landing both of my internships. It's also an ordinance, which is basically the lowest charge in my state. I will be able to expunge it in a couple of months. However, should I just wait until they ask me about it or should I disclose it them before they get the results back. I don't want to seem like I'm hiding anything. Thanks and sorry this was long, I've just been really stressed out about this situation.

 

Does it qualify as a misdemeanor? I'm pretty sure that a lot of firms only ask for felony convictions, it's obvoiusly not a felony. I think the other firms state felony or misdemeanor in the HR paperwork. If it is less than a misdemeanor it might not even come up. I think ordinances are designed that way, to be local and not show in career background checks.

If it's not a felony or misdemeanor, and that's all the firm asks, just say non and it is honest. Don't lie, though, since it will almost definitely come up in a background check if it is a misdemeanor and potentially if it isn't (though in that case you can just say it wasn't a misdemeanor).

That being said, I don't think it would be wise to just proactively give HR this information unless it specifically is asked for in the hiring documents. In that case just fill out the paperwork and let them handle it how they will.

http://www.avvo.com/legal-answers/is-a-local-ordinance-equivalent-to-a-…

 

Thanks for the response. I was just wondering if it would be better to be up front and tell HR before they see the results. Maybe they'll appreciate the honesty? But at the same time I don't want to throw myself under the bus. I'm doing whatever I can so that they don't renege my internship.

 
Best Response
cougars569:
I was just wondering if it would be better to be up front and tell HR before they see the results. Maybe they'll appreciate the honesty?

No. You're giving them a problem. Possibly a problem because you're volunteering information that they never would have asked for. But now you're putting them on notice. You're creating an issue they need to solve.

If they don't have a problem with this sort of history, then, at best, they'll tell you that it's fine. So exactly the the response you would have gotten if you'd just waited until asked.

If they do have a problem with this sort of history but wouldn't ever have asked you, then you're causing yourself a problem and would have been better keeping your mouth shut.

If they do have a problem with this sort of history and would have asked you, then the outcome is exactly the same. So no value volunteering the information.

You get no bonus points for volunteering this information that would make a difference in any decision.

What is likely making you think you should volunteer this information is that you are feeling anxiety and worry. Your brain wants to get rid of that anxiety and worry, which is motivating you to take an illogical, higher risk approach in the longer run (volunteering information) in order to remove the immediate problem (anxiety and concern).

Get control of yourself. Think logically.

Those who can, do. Those who can't, post threads about how to do it on WSO.
 

When it comes to HR, they don't "appreciate" anything. This is the lowest group on the corporate totem pole. You gain nothing from having them appreciate you. Like the above poster says, you are giving them too much information by volunteering something they didn't ask for. Especially since you say it will be expunged, you are making things worse by bringing it up. But if they ask about non-felony infractions, yeah, you cannot tell a lie.

 

I commend you for wanting to be honest, but read the fine print. FINRA only cares about felony convictions and charges like embezzlement, larceny, fraud, etc. if it's being expunged and is not on your record as theft or larceny, you're fine. lots of people I'm sure have gotten drinking/drug charges that show up on a background check, never tell HR, explain it when they find out, and never have any problems, I'm one of those FWIW.

tell a priest if you have to get it off your chest, but I wouldn't worry about it the way you describe the situation

 

everything else is fine. I am not sure when exactly the expungement will be completed but I am assuming before the start. It has to be expunged in order to meet FDIC req. I have to get printed by May 2. Should I just wait and see what happens or tell them about it and say it is almost done?

If it is expunged, and banks background checks can see what the FBI can, do I have to tell them for licensing purposes? I am not sure if they will be able to tell if it was expunged and I don't want to lie or cause problems on paperwork. Please give me advice if you have experience. Thank you.

 

I had a misdemeanor trespassing my Freshman year. When they where running the background check I went ahead and called the HR person I was working with and told them they where going to uncover it. It was no big deal and I didn't hear another thing abut it.

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On my application there was a spot for misdemeanors and an area to explain what happened. What I did was pretty harmless. I also sent an email to the MD I interviewed with & told him that HR was probably going to uncover my misdemeanor. He asked me what happened and actually thought it was a funny story. As long as what you did isn't something that would compromise your integrity in their eyes you'll be fine as long as your upfront about it. Even if it's assault, I would just say that you got into a scuffle with a friend and an over zealous RA or whatever misconstrued the situation & there was no malice involved, something like that.

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My original advice would have been to just let it go, as from my experience these background checks have been pretty shitty and only able to turn up convictions rather than arrests

However, since you've now disclosed just be completely honest as you did in this post, and hope for the best. I know you want guidance but this message board isn't going to provide anything other than "well my "friend" had this happen and..."

"They are all former investment bankers that were laid off in the economic collapse that Nancy Pelosi caused. They have no marketable skills, but by God they work hard."
 

"I ran a check on myself since accepting the offer and realize that I was arrested in 2006 and found guilty of a midemeanor."

Do you have multiple personalities? How do you forget being arrested?

This to all my hatin' folks seeing me getting guac right now..
 
Cruncharoo:
"I ran a check on myself since accepting the offer and realize that I was arrested in 2006 and found guilty of a midemeanor."

Do you have multiple personalities? How do you forget being arrested?

I agree with what you're saying and I'd have the same reaction. There was a level of denial I had. Believe me no one is calling me an idiot more than I am to myself. But, I appreciate your straightforward response. I haven't gotten the call back from the recruiter yet (maybe they already know, it's been long enough) but I should expect the same response from her. Opportunity placed in my lap and then I wet my pants...

 

I would try to get in front of this as soon as possible. We had a guy who put "no" for his arrest record (in his defense, some times the questions are weirdly worded more toward theft, etc than all arrests; particularly the U-4 form for FINRA) and then it came back that he had misdemeanor possession. Fortunately for him, I think they "would" have been lenient with him; unfortunately for him, they caught him in a lie when he tried telling the group head that he originally (verbally) disclosed it to the HR rep when he didn't... so, he got dropped more for lying (credibility) vs. the lack of disclosure - however, I would be upfront immediately about this...

 

Spoke to recruiter and I believe I'm in front of it. She says I should not feel worried as they have yet to start the background check process. She's going to help find a way for me to "correct" my forms online. God bless her. I'll believe it when I see it but it's looking better than it was 12 hours ago.

Thanks all.

 

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If it were me, I'd disclose. That's not exactly "advice," since no one knows for sure what will happen and it may not work out well for you if you go the route I'd go. Personally, I just find it way less stressful to be upfront with people.

If they find it and you didn't disclose then you're almost certainly not getting the job. I knew a guy who was hired into an associate role in a large bank with a recent drunk driving arrest on his record. You'll obviously need to explain yourself, but unless it was something really egregious, I'd think the honesty is valued too.

You may also be required to re-certify things like never having been arrested annually. If you choose to lie, you have to maintain that lie and continue lying, maybe indefinitely.

Why were you trespassing? If it was for some kind of protesting / civil disobedience reason (and not "Occupy Wall Street") then I can't imagine they'd care. They have to keep records and do some kind of due diligence in part just to be able to say to stakeholders that they're not hiring fraudsters etc. Personally I'd be more worried about hiring a liar than someone who got caught being on private property once.

 

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