misdemeanor expunged - working for a bank???

[fluff]

State: Florida, Tampa- Orlando

Hello All

I had a misdemeanor expunged 3 years ago ( it was for petit theft, it was the only time I ever came in contact with the law and i regret it to this day).
I was working in corporate banking for the last 9 years at HSBC and now am looking at a new job at a major bank as a financial business analyst .

I am so upset about what I did, so i checked all major background levels (local, state and even FBI).
All come back clear. What bugs me that even the FBI rap sheet comes back clear also, it states "no arrest or conviction" after requesting an official copy with my fingerprints.

BUT !!! Will banks see the expunged record anyways since they are government insured? the FBI lady on the phone told me no but somehow i dont believe it. They will see it , right? Why else would there be a section 19 for banks?


Can you please advice?


thank you so so so much
Fluffy

 

[OHRoadwarrior]

Well Fluff, you are violating FDIC rules.
https://www.fdic.gov/regulations/laws/rules/1000-2100.html

 

[eerelations]

I don't know about anybody else here, but I personally would be very leery about using a bank that has employees named Fluffy.

 

[FlyingRon]

Sorry EE, that's wrong. The FDIC even has specific guidance that expunged convictions do not meet the section 19 definition of conviction. If his conviction is fully expunged, he is NOT breaking any law.

Of course, he has other issues. His new position might merit other regulatory scrutiny (like perhaps FINRA) which has different interpretations of what expungement means.

 

[OHRoadwarrior]

Expungement would fall under this.


SEC. 19. PENALTY FOR UNAUTHORIZED PARTICIPATION BY CONVICTED INDIVIDUAL.

(a) PROHIBITION.--

(1) IN GENERAL.--Except with the prior written consent of the Corporation--

(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust or money laundering, or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, may not--

(i) become, or continue as, an institution-affiliated party with respect to any insured depository institution;

https://www.fdic.gov/regulations/laws/rules/1000-2100.html

 

[FlyingRon]

Expungement would fall under this.

Exactly as I said. Section 19. The FDIC has issued clarifications that fully expunged convictions do not meet the definition of conviction under section 19.

 

[eerelations]

Sorry EE, that's wrong. The FDIC even has specific guidance that expunged convictions do not meet the section 19 definition of conviction. If his conviction is fully expunged, he is NOT breaking any law.

Of course, he has other issues. His new position might merit other regulatory scrutiny (like perhaps FINRA) which has different interpretations of what expungement means.

How can me being uncomfortable with a bank employee name like Fluffy be somehow wrong? And what does the FDIC have to do with it?

 

[xylene]

This is your livelihood, in which you've had a long career.

You probably ought to consult your own attorney.

 

[commentator]

You sound to me like someone who's having a bit of an over the top anxiety. Be sure that this paranoia you are exhibiting about a past conviction doesn't cause other's who would not otherwise have been in any way aware of it to find out what's making you worry so much and be crazy about. I am not sure even an attorney can convince you if you are having this much of a reaction.

 

[OHRoadwarrior]

Thank You for clarifying this. I was not aware of the interpretation.

Exactly as I said. Section 19. The FDIC has issued clarifications that fully expunged convictions do not meet the definition of conviction under section 19.

 

[FlyingRon]

The official policy is in the section marked "Convictions" here: https://www.fdic.gov/regulations/laws/rules/5000-1300.html.
The policy is explained in more detail here: https://www.fdic.gov/news/news/financial/2011/fil11057.pdf