My Employer Asked For Police Record From Recent Arrest

[newyork1983]

Hello,

I was arrested in New York City for disorderly conduct (240.20) and plead guilty. I personally was not responsible for all of the charges brought against me but plead guilty as I was held in prison for a day already.

I was given Conditional Discharge (one year) and have served one day of community service and a monetary fine.

It has been just a few days shy of one year and my employer recently informed me that i must give a copy of the police report as well as a written personal statement to HR and the compliance dept of my firm. I am not sure how they gained knowledge of this information. I work for a large public accounting firm (auditor) and have been there for over two years now. All of my clients are financial services firms. This is my first offense of any sort. I am a minority.

I would appreciate any advice I can get before I must report back to my company with this information. What would be the best way to handle ther personal statement? My version of the story differs from what is in the police report. When is it time to get a lawyer?

Thank you...

[Mr. Knowitall]

Generally speaking, you would want to tell the truth, and attempt to explain why your version of events is not the same as the police version. The time to get a lawyer is now, so you can get specific advice in relation to what you report to your employer.

[usedbranflakes]

You may also want to talk to an attorney who has experience challenging guilty pleas and gets them reversed/appealed and set for trial (Senator Craig ring any bells); this is very difficult, at best, and has to be done within a specific time frame. Unless you were 100% guilty it was stupid for pleaing without an attorney. ...and even if you are 100% guilty, an attorney is nice to have as they know tricks of the trade to make the sting hurt a little less. Note- I am not an attorney. ...just had a few of them in my lifetime and learned a lot from them.

Why couldn't you post bail for such a small misdemeanor charge? ...unless you were with a large group of people and they nailed you with a Felony charge (Class D or E, I think). ...and pleaing guilty to a Felony with your financial background could cost you your career. Unless you were inciting the riot most times a good attorney can get the Felony dropped to a misdemeanor with little trouble.

Your employer likely has done what many employers are doing; paying their background check people a few hundred dollars a year to keep an eye on your records. OR, you may have had a friend rat you out OR you may have had a client find out and inquire OR your name may have been posted in the paper or a police blotter style article.

There are a lot of ways that this can happen and you are likely going to want an attorney.