[NeedAnswers8765]

If you are already employed with a bank and had an arrest for misdemeanor theft that was dismissed (via diversion program), will the banks fingerprinting show the arrest record, even though the arrest was dismissed? Do you you think the bank would terminate an employee that has been working for them for many years since the dismissed arrest was several years ago?
First time ever being arrested for anything and never been arrested for anything since.

[ScottGem]

If you are already employed, why is the bank NOW doing fingerprinting? If the incident happened before you were employed, then you need to go back to your employment application and see what was asked and what you told them.

If they find you lied on your application they may dismiss you regardless of your employment record.

[NeedAnswers8765]

The arrest occurred after employment. Clean record at time of employment and clean record ever since arrest. Not sure why it is being now, but it is required of all employees who have never been fingerprinted

[ScottGem]

First please don't use the Comments feature for followups, Use the Answer options at the bottom.

So, unless you were required to report any arrests to your employers, then you didn't do anything wrong form that standpoint. If the background check shows the arrest (and it probable it won't) then may ask you to explain it further.

[Fr_Chuck]

If it was really explunged, the NCIC report that is used along with the finger printing, which verifies your ID.

But the bank may also use independent background checks that sometimes show up sealed and explunged records.

[NeedAnswers8765]

It was not expunged, it was dismissed. No arrest record was found at all through the official Statewide search. I assume that because it was dismissed. I am not sure that if a County search was done in the specific County the misdemeanor was committed, if then an arrest record would be found as saying dismissed or not. Maybe you could shed some light on that.

If a County search would happen to show a dismissed arrest, would a employer fingerprinting report automatically have access to County records, or would that only be available via these independent background checks you are referring to?

Also, can I assume there is no harm in having an expungement done, just to be extra safe?

[ScottGem]

If it was dismissed, you are not likely to get an expungement. Whether the bank's check will find it depends on how much they pay for a search. And that will depend on how sensitive your position at the bank is.

I would stop worrying and let the chips fall where they may.

[adthern]

First, there are two separate things being discussed here. The arrest record likely never goes away, the county/city records are not required (usually--unless there is a state regulation) to purge arrest records. So, yes it may come up.

Next, is the dismissal, it also may come up on a CORI report. Probation records in MA show arrests and dismissals. I don't know if the dismissal will be qualified on the record as having been via the diversion program.


Now, as to your original question, realistically, yes they can use it against you. Yes, they can--I am not saying they would be right or even legally justified. If you are in an at wills state, likely they can terminate you for any (non-excluded) reason.

If it is a right to work state, then there would be more difficulty for them to justify it, though if they did you would most likely be entitled to unemployment benefits.

The concept of innocent until proven guilty is the point I would drive home for your side, but the band will argue a heightened need for security. I think you would win, but it would be expensive--and likely appealed by the bank if they lost.

Expunging or sealing is done only for convictions, not dismissals, and then only after following very stringent statutory guidelines (usually for military service or regarding juvenile records).