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debra007 · Feb 28, 2013, 06:44 AM

Back in 1975 I was indicted and charged with misappropriation of funds at a bank. I was young and had simply inadvertently put my account number on a deposit slip for client funds in my account. Was put on probation for five years and was told by FBI agent (retired now) that once I completed probation, there would be no record. Tried to contact the office and his son was now working there and did not know if the information would show up. Was also told by agent that I was not convicted due to probation.

Have never been in any other trouble and am now 58 years old. Live in Texas. Have been recruited to work on a contract basis to work in another a bank for six months as a notary; however, they want the full background check and fingerprints.

What is the likelihood this will show up and what effect do you think it will make. When completing the first application, it only ask about arrest records ten years back; however, have been told by staffing agency that the new round of papers ask have you ever been arrested? Did not speak to them about my situation but if I think it will hinder and continue to show up in future records by getting fingerprinted, I will just not accept the job and not go through the embarrassment. What is your advice?

smoothy · Feb 28, 2013, 07:46 AM

Odds are it WILL show up...

Wells Fargo recently fired a long time employee after discovering he was charged and convicted of using a cardboard cutout in a coin operated drier decades earlier and having not disclosed it, he was employed there roughly 26 years if memory serves me right.

If you don't tell them... they can and will fire you if it ever does turn up... and its easier for them to turn up things like this every day.

Here is the link to the story if you think I'm kidding.

http://www.nydailynews.com/news/nati...icle-1.1147824

joypulv · Feb 28, 2013, 10:08 AM

OP wasn't convicted, she says, and was told no record...
I don't know. Maybe the FBI agent was wrong, who knows.
I would ask the agency who arrested you to please be more helpful about the arrest part. They may or may not.
You could pay for a background check on yourself. Make sure it goes back that far - most don't unless you pay more.

AK lawyer · Feb 28, 2013, 11:06 AM

Originally Posted by joypulv

OP wasn't convicted, she says, and was told no record...
I don't know. Maybe the FBI agent was wrong, who knows.
I would ask the agency who arrested you to please be more helpful about the arrest part. They may or may not.
You could pay for a background check on yourself. Make sure it goes back that far - most don't unless you pay more.

The question is what OP should do if she is asked if she has ever been arrested. She doesn't indicate if she was actually arrested. If and when she asked about an arrest, she should answer the question truthfully. If she was in fact arrested, she should be sure to explain the exact circumstances..

smoothy · Feb 28, 2013, 11:22 AM

Also.. probation is indication of a conviction (pleading guilty is also a conviction)... probation is a lesser punishment in lieu of jail time...

debra007 · Feb 28, 2013, 11:45 AM

They said it was a no contest, if I remember correctly. I think I will just not take the position. I answered the question given to me correctly before now. It said had I been convicted in the last 10 years and the answer to that is no.

debra007 · Feb 28, 2013, 11:45 AM

Originally Posted by smoothy

Also..probation is indication of a conviction (pleading guilty is also a conviction)....probation is a lesser punishment in lieu of jail time...

Okay understood. Then what is no contest. I really cannot remember because it was so long ago.

debra007 · Feb 28, 2013, 11:47 AM

Originally Posted by AK lawyer

The question is what OP should do if she is asked if she has ever been arrested. She doesn't indicate if she was actually arrested. If and when she asked about an arrest, she should answer the question truthfully. If she was in fact arrested, she should be sure to explain the exact circumstances..

Thanks for your information. The application I completed asked if I had been arrested or convicted in the last ten years and that answer would definitely be no. From what I understand, it the second phase to begin working the temporary position, that I will have to answer if I have ever been arrested. Of course, I would answer honestly if I planned to go forward. Think not at this point since they are talking about fingerprints.

Thanks,

Debra