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  1. #1
    Join Date
    Jun 2010
    Posts
    4

    Default Working for Financial Institutions After a Theft Arrest

    I was arrested for retail theft in PA and was convicted of summary disorderly conduct. In PA, the seriousness of a crime is as follows : summary < misdemeanor < felony. This was about 9 years ago and I have since expunged the disorderly conduct conviction....I verified the expungement via written confirmation from PA state police, county police and courts. Just to be save, I did a criminal history check on myself thru the PA state police criminal record site, and it confirmed that there are no criminal records associated with me.

    However, when I enter the US (after an overseas trip), I am always asked to go thru CBP's ( Customs and Border Protection) admissibility review. I am permanent resident, and CBP finger prints us upon entry to the US in order to determine whether we have a deportable criminal history. Before the expungement I was asked about the conviction (summary disorderly conduct cannot get me deported as an alien) and let in the country. Now after the expungement, I was told that my record was expunged but my finger prints was still on file. So basically, the arrest record will only show up via an FBI finger print check.....other background checks wont show anything because of the expungement

    So I am pretty sure that the FBI doesn't delete fingerprints, they keep them forever for law enforcement purpose but won't reveal them to the public if there is an expungement order. So, the question is whether I can still get a job with an ibank or any financial institution? Will the FBI reveal my entire record to the banks or will the FBI treat the banks like they would treat the general public and thereby won't release any expunged records. I am confused.

    Also, reading the FDIC requirements, it seems that only dishonesty related convictions matter. I have a theft arrest, so I am okay with respect to the FDIC requirements? Will banks find out about the theft arrest and will they deny me employment?

    Please advise.

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Theft Arrest Working for Finra/Fdic Financial Institutions

    Quote Quoting daniyatom
    View Post
    I was arrested for retail theft in PA and was convicted of summary disorderly conduct. In PA, the seriousness of a crime is as follows : summary < misdemeanor < felony. This was about 9 years ago and I have since expunged the disorderly conduct conviction....I verified the expungement via written confirmation from PA state police, county police and courts. Just to be save, I did a criminal history check on myself thru the PA state police criminal record site, and it confirmed that there are no criminal records associated with me.

    However, when I enter the US (after an overseas trip), I am always asked to go thru CBP's ( Customs and Border Protection) admissibility review. I am permanent resident, and CBP finger prints us upon entry to the US in order to determine whether we have a deportable criminal history. Before the expungement I was asked about the conviction (summary disorderly conduct cannot get me deported as an alien) and let in the country. Now after the expungement, I was told that my record was expunged but my finger prints was still on file. So basically, the arrest record will only show up via an FBI finger print check.....other background checks wont show anything because of the expungement

    So I am pretty sure that the FBI doesn't delete fingerprints, they keep them forever for law enforcement purpose but won't reveal them to the public if there is an expungement order. So, the question is whether I can still get a job with an ibank or any financial institution? Will the FBI reveal my entire record to the banks or will the FBI treat the banks like they would treat the general public and thereby won't release any expunged records. I am confused.

    Also, reading the FDIC requirements, it seems that only dishonesty related convictions matter. I have a theft arrest, so I am okay with respect to the FDIC requirements? Will banks find out about the theft arrest and will they deny me employment?

    Please advise.
    I would be extremely surprised if a bank hires you with a theft arrest (or conviction). I suggest putting your eggs in other baskets.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Working for Financial Institutions After a Theft Arrest

    Agree, also see thread posted previously - http://www.expertlaw.com/forums/showthread.php?t=102069.

  4. #4
    Join Date
    Sep 2010
    Posts
    3

    Default Re: Working for Financial Institutions After a Theft Arrest

    What if there is not a conviction but a charge retail theft that was "stricken off?" If that is expunged does FINRA have the ability to find out about it and still request a disclosure?

    Thanks!

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