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Ask Ely Your Own Question
Ely, Counselor at Law
Category: California Employment Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need a consultation with employment attorney regarding

Customer Question

Hi, I need a consultation with employment attorney regarding fdic section 19 related question
JA: Have you documented this or discussed it with HR?
Customer: No I have not it is a new job application
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, there is a petty theft infraction on my record and i want to apply for a position in Bank position is in California
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Infraction decision was later dismissed under 1203.4. It has been more than five year since this incidence happened. And this is the only criminal incidence on record
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what I can answer for you in regards ***** *****

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Would I be denied offer/Hire because of FDIC section 19. I am trying to make decision whether I should even apply for position. If bank( fdic insured bank) will deny my application, then I will not bother applying for the position.
Expert:  Ely replied 1 year ago.

Did you plead guilty/receive a conviction for the infraction charge?

Customer: replied 1 year ago.
Not sure, my lawyer did all the work. I know decision was reduced from misdemeanor(Original charge) to infraction(Moving infraction) with fine of 60 Dollars, with no jail time. One year later, my lawyer said we can get case dismissed under pc 1203.4, with any guilty pleas removed.
Customer: replied 1 year ago.
Do I not fall under FDIC section 19 automatic waiver under de minimus rule. And would this affect hiring decision?
Expert:  Ely replied 1 year ago.

Has the case been dismissed? Or not?

Did you have some kind of community service?
Do you remember pleading guilty in writing, or, in open Court?

Customer: replied 1 year ago.
case was dismissed successfully under pc 1203.4 relief after one year of decision. There was no requirement for community service, and I dont remember pleading guilty in writing. For sure, I did not ever speak in court.
Expert:  Ely replied 1 year ago.
Thank you. A P.C. 1203.4 Order is not an expungement. It does not remove the record. What it does is that it provides a supplementary entry in one's criminal history stating the dismissal.
I am going to ASSUME that there was no conviction here. Someone in your situation needs to CLARIFY that with your attorney, or another attorney face to face if you cannot connect with the one that helped you earlier.
If there was no conviction, then, FDIC 19 does not apply as it applies to CONVICTIONS, only, meaning the bank would not have to seek special permission from Federal Deposit Insurance Corporation prior to such a hire.
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