Will a sealed misdemeanor case show up when applying for an investment bank and can they deny me employment because of it?
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Will a sealed misdemeanor case show up when applying for an investment bank and can they deny me employment because of it?
I am going through the background check process at Goldman Sachs but worried cause I have a case which was sealed a year ago. It was a misdemeanor and dismissed (fake ID when I was underage). My question is, would they be able to see this in any way (I had to get fingerprinted) and if so can they deny me the position? If they do deny me the position, is it because of compliance with the company or more opinionated on what they think they should do? Case was in MA, but job will in be in NY.
Asked on March 22, 2011 under Criminal Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Anyone can be denied employment and you will most likely never know the reason you were denied employment. If you were convicted of a misdemeanor and it was regarding a financial crime (which a fake ID could be) or one involving integrity (lack of thereof) (which a fake ID could be), then you have a problem of possibly being denied an investment banking position, since laws regarding such employment have become quite stringent in the past 4 years or so. If your case was dismissed, it doesn't mean the fact it exists was erased; it was sealed. It was sealed because you were a minor I am assuming or if you were under 21 but an adult, it was sealed because it was dismissed. If you are going through the background check process, and you were arrested, your arrest may not have been sealed and that may pop up. Check with your attorney on just what exactly is appearing on your criminal record and also check all credit reports because it may somehow pop up there, as well. If it was sealed, and depending on the state, nothing may show up and in other states all a person would be able to see was you were in criminal court for something.
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