My question involves labor and employment law for the state of: South Dakota
I currently work for a large bank and they are requiring fingerprint background checks due the S.A.F.E Act. I had a shoplifting arrest in 2007 and received a Dismissal and Discharged court order (Suspended imposition of sentence) in 2011. I am worried this will show up. The court order states all records sealed and defendent discharged and dismissed. Also states the the fingerprinting, contributor request, from the FBI, the return to the contributor all fingerprint identifying data submitted ot the bureau for purposes of disqualification or disablilites imposed by law for convictions of crime.
SDCL 23-27-13 and 23A-27-17 referenced in order.
Will this show up? Under FDIC section 19 it references to no application needed for conviction and my attorney told me I could answer "No" to that question because i was not convicted.
Any advice greatly appreciated.