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Theft Charge Dismissed - Bank Background Check

Discussion in 'Hiring, Applications, Background Checks' started by guilford4, Aug 14, 2014.

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  1. guilford4

    guilford4 Law Topic Starter New Member

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    8 years ago, I resigned from a position after my employer accused me of using unused gift cards (think guilty by assocation, "wrong place/wrong time"). A month later, I was arrested for Felony Theft. 7 months later, the case was dismissed and then I had the arrest/charge expunged in 2009. Since the case was dismissed, I obtained Securities Licenses and disclosed both events as they asked "Have you been fired for theft or an act of dishonesty or have voluntarily resigned after dishonesty/theft accusations" and "Have you been charged/arrested for theft of an act of dishonesty." I answered both questions honestly and disclosed the charge/arrest as dismissed.

    I have recently been offered a position (non-securities, so I don't need to be licensed) by a big name bank. I know banks conduct very elaborate background checks, and check w/ FDIC to see if I have any prior convictions or pre-trial diversions involving theft (i.e. deferred adj., probation, etc.), which I don't as the theft charge was dismissed. The former employer who filed the theft charges doesn't even have records of my working there anymore (I called to check my own employment). I have passed 3 background checks since the dismissal and have also conducted my own criminal check (via fingerprint) and no charges/arrests appeared. However, I believe my disclosures to the securities assocation remains accessible to the public. So this is the only record of this event.

    When completing my background forms for previous criminal activity and previous employment, I plan to be honest. So if they ask for my past employment history beyond 7 years and ask for the reason why I left that employer who filed the charge, I feel I should disclose the event. Is this the best method? Would this event be grounds for having my offer rescinded? Also, does anyone know what resources banks use when conducting their checks?
     
    Last edited: Aug 14, 2014
  2. army judge

    army judge Super Moderator

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    You are always better off telling the truth.
    As far as records being expunged, don't kid yourself.
    Those records might be sealed, but unless you've received a full pardon, they're ALL being retained somewhere.
    Usually the FBI's marvelous NCIC repository and fingerprint file (AFIS) contains good (or bad) stuff, too.

    Even a small discrepancy or inaccuracy can be grounds for trouble.
    As to what a prospective employer might do, only that employer can say.

    As you relate the events that transpired many years ago surrounding the alleged theft and positive outcome, that along with proof of the dismissal should satisfy some employers.

    Other employers might be scared off by such accusations.
    Banks are notoriously conservative.
     
  3. cynthiag

    cynthiag Active Member

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    While it is true that banks are notoriously conservative, those of us who are members of the Federal Deposit Insurance Corporation have good reason to be when it comes to certain criminal convictions. The FDIC prohibits their member institutions from employing individuals who have been convicted of criminal offense involving dishonesty,breach of trust, or money laundering.

    The operative word here is "convicted". If you were arrested, but the charges were dismissed, then that would be taken into consideration. As I read your post, that is what I understood to have happened. Even where actual convictions are present, there is an application process that may be followed to allow the applicant to work for an FDIC-insured institution. There are also rules regarding "de minimus" offenses where approval would be automatically granted, and these are based upon a number of criteria, including the number of convictions, how long it had been since the conviction, and several other details. You can get further information by doing an internet search for "FDIC Section 19".
     

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