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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3164
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband pled no lo contendre I believe a felony

Customer Question

Hello, my husband pled no lo contendre for a I believe a felony misdomeanor back in 2002 because he rented a car for a friend from Budget rental car and the friend didn't return the car in a reasonable time. My husband discovered it too late (almost a month), went to recover the car and return it, and on his way there the police arrested MY HUSBAND for auto-theft, (arising out of the breech of contract). He got an attorney, the case was dismissed on basis of agreement to pled no lo. My husband has NEVER HAD ANY OTHER ISSUES WITH THE LAW, EVEN A TICKET. He recently was offered a position as an assistant Vice President of a bank because he is a California Loan Officer. He will need to pass the NMLS test and get a license, he passed all the background tests (drug, financial, etc), and now they say he "is not eligible", even after he received the offer letter and the President wants him employed at the bank. He even had a start date (for next week). The issue is the prior arrest record. My husband has already had the case "dismissed", but it still shows up on the record and prevents him from getting banking positions. WHAT CAN WE DO?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I believe there may be some confusion on your part. A plea of no contest is not the same as obtaining a dismissal.

So I am unsure as to what you are claiming; did he plead no contest or was the case dismissed?

Customer: replied 1 year ago.
At the time of the court hearing he pled no contest. Years later when he was hired with another bank, this was discovered and he went to the DA and had the case dismissed (2012). The case was in 2002. So I believe the "10 year rule" should be in effect? But the offer for the position was withdrawn ("not eligible"). :-(
Customer: replied 1 year ago.
Sorry, here is the actual document with the information. He received a job offer and was given a start date, however, once this popped up, the offer was declined. What else can my husband do? Should this have affected his offer?