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How would a person who was convicted of misdemenor offence…

Customer Question
How would a person who...
How would a person who was convicted of misdemenor offence forgery apply for a waiver to work for an FDIC Bank. The offence meets 3 of the criteria for a De minimis crime
(1) There was only 1 conviction for this offence.
(2) The Conviction was entered greater than 10 years before the date of the applicationto the FDIC Bank.
(3) The offence did not involve a FDIC institution or credit union

The fourth criteria which indicates that the offense was punnishable by imprisonment for less than a year and or a fine of less than $1,000, and no time was spent in jail, is the creteria that is not satisfied. The individuals crime was punnishable by a $1,000 court fine. No jail time was served or recommended by the court.
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 hours by:
6/25/2010
Employment Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27,012
Experience: More than 20 years of experience practicing law.
Verified

hi

 

what state was the crime, please?

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Customer reply replied 8 years ago
The offense occurred in Nassau county in the state of new York on July 17, 1999.
Employment Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

thank you for that information

 

he will need an expugement. however, the first step in that process since there was a conviction is to apply for a Governor's pardon - a pardon essentially removes the conviction and then he will need to Petition the court for expunction of the record

 

those seeking pardons should send the following information by way of letter to:

The Executive Clemency Unit
New York State Division of ParoleXXXXXbr />Albany, New York 12206

  • Name
  • Address
  • Contact phone number
  • Date of birth
  • Social Security number
  • Whether Immigration proceeding are pending and the status
  • Nature of the State of conviction
  • Crime/Place
  • Date & Sentence received

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Customer reply replied 8 years ago
Relist: Inaccurate answer.
Employment Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

please tell me how it is inaccurate and i can continue to help you.

 

NY law requires any time there is a sentence that carries a potential jail sentence - whether imposed or not - one must get a pardon or certificate of relief from disabilities and then have the record expunged and also sealed - which is a separate process.

 

 

 

 

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Customer reply replied 8 years ago
Your answer is very incorrect! I contacted another attorney and he advised me that I can apply for a waiver of my criminal misdemenor offense with the FDIC directly which would enable me to accept a position with an FDIC regulated bank. I confirmed this information with the FDIC and they indicated that the information is correct. My question specifically asked about the application process that an individual would have to proceed with to apply for a waiver. Your response does not answer my question.
Employment Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

i misunderstood the question. thank you for the clarification. i will opt out and allow another expert to assist you with that concern

 

good luck with everything

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Customer reply replied 8 years ago

In our last communication you indicated that you misunderstood my question and that your would opt out and allow another expert t respond to my question. As I previously indicated your response was not adequate based on the specific question that I asked and my original question still remains unanswered.

 

However, I would like to thank you for your assistance.

 

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