Will a misdemeanor simple assault cause BB to rescind offer?
I was cited with misdemeanor simple assault in August 2016 and I got it put into a court diversion program. It has been in a court diversion program since before I even applied to a finance analyst internship at a BB in NYC so when I answered the background check questions I rightfully answered no to all of them (they only said asked about pretrial diversion programs with regard to theft, breach of trust, dishonesty, money laundering, or the illegal manufacture, sale distribution or trafficking of drugs).
Another relevant question on the application was as follows: "Have you ever been convicted of, or plead guilty to, an offense other than a minor traffic violation? Include offenses for which you pled no contest or received probation; you may exclude convictions that have been ordered fully expunged (i.e. removed from your criminal record by a specific court order) or sealed by a court of law."
I believe I have slipped through the cracks in their language because I have never been convicted or plead guilty to any offense. I have never pled no contest or received probation because court diversion involves the case avoiding court and therefore avoiding any opportunity to either receive probation or plead no contest. However, they have not yet been fully expunged as there is a 2 year period (not to be confused with probation) that needs to elapse before the charge is dismissed and the record sealed.
My question is: will they find this when they do a FBI background check? Will they rescind because of this thing that's on its way to being expunged? Will they think I lied on my application?
Probably yes, I would let them know in the spirit of transparency because if they confront you, you'll instantly look shady and defensive (and potentially violent). A fight doesn't make you a bad person, we all lose our cool now and then and sometimes men gotta be men. Just tell them what happened and how you grew from it.
Thank you for your insight and advice. Probably yes to which question?
Yes you should disclose but have a story ready and yes they will probably find it on the background check.
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