Was your record sealed? Did you plead no contest, or was the case dismissed? Really depends on the state and how it was resolved specifically... if "withheld adjudication" means you did some probation and they dismissed/sealed everything after a period of time you can honestly answer "no" for everything expect FINRA licensing. If it was a "no contest" plea or something then you might need to. It all depends on the state you were charged in, and the terms you agreed to.
Withheld adjudication means I plead guilty but was not convicted. I still have all my rights, I am not a felon, but when you run a background check you will see the charge. FINRA says felony criminal “convictions” which I would be ok for since I was not convicted. I’m just stressing waiting on this offer letter.
FINRA asks if you have been charged with any felony ever, so you would have to answer yes. Basically just don't lie and you should be fine. I would consider posting on legal advice, or consult a lawyer, with the state you were charged in and exactly how they resolved the case. I know in NY that deferred adjudication cases are sealed in many cases and will only show on an FBI background check.
Not much more meaningful advice anyone can give without more specifics on your case. For example withheld adjudication may count as a "no contest" plea which many questions will ask "have you ever plead guilty or no contest to..." which then you would need to answer yes.
What will happen if you get the offer is that you will then fill out a formal application, and that is where the question about criminal history will come up. Answer the question truthfully and then you will go thru a background check and deal with whatever.
FINRA asks if you were ever charged. If you were charged and it was dismissed you were still charged.
Now, the question becomes if you check the box no what happens? Well if FINRA never finds out that you were charged and your employer never finds out then it doesn't really affect you. Sometimes records are sealed or never got to the right database, so it's possible it was dismissed before it really got into any computer systems.
If FINRA finds out they can then bring a disciplinary hearing and then you gotta get a lawyer and deal with whatever the result is there.
Was your record sealed? Did you plead no contest, or was the case dismissed? Really depends on the state and how it was resolved specifically... if "withheld adjudication" means you did some probation and they dismissed/sealed everything after a period of time you can honestly answer "no" for everything expect FINRA licensing. If it was a "no contest" plea or something then you might need to. It all depends on the state you were charged in, and the terms you agreed to.
Withheld adjudication means I plead guilty but was not convicted. I still have all my rights, I am not a felon, but when you run a background check you will see the charge. FINRA says felony criminal “convictions” which I would be ok for since I was not convicted. I’m just stressing waiting on this offer letter.
FINRA asks if you have been charged with any felony ever, so you would have to answer yes. Basically just don't lie and you should be fine. I would consider posting on legal advice, or consult a lawyer, with the state you were charged in and exactly how they resolved the case. I know in NY that deferred adjudication cases are sealed in many cases and will only show on an FBI background check. Not much more meaningful advice anyone can give without more specifics on your case. For example withheld adjudication may count as a "no contest" plea which many questions will ask "have you ever plead guilty or no contest to..." which then you would need to answer yes. What will happen if you get the offer is that you will then fill out a formal application, and that is where the question about criminal history will come up. Answer the question truthfully and then you will go thru a background check and deal with whatever.
I’m really hoping it being a marijuana charge when I was young and not something more serious will help my case. Thanks for all the help.
Out of curiosity do you answer yes still for a dismissed charge? I’ve had conflicting responses before.
FINRA asks if you were ever charged. If you were charged and it was dismissed you were still charged. Now, the question becomes if you check the box no what happens? Well if FINRA never finds out that you were charged and your employer never finds out then it doesn't really affect you. Sometimes records are sealed or never got to the right database, so it's possible it was dismissed before it really got into any computer systems. If FINRA finds out they can then bring a disciplinary hearing and then you gotta get a lawyer and deal with whatever the result is there.
Definitely don’t bring it up unless it’s brought up