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  1. #1

    Default Discharged Dismissed Case and Bank Background Check

    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.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Discharged Dismissed Case and Bank Background Check

    As I expect your lawyer has told you, nobody can promise you that your background check will be clear. Only time will tell.

  3. #3
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    285

    Default Re: Discharged Dismissed Case and Bank Background Check

    The FBI background check will show the arrest and likely the disposition of the charges. The court order seals only the court record-it will not do anything to the FBI records.

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