I was offered an ACD I was informed that if in 6 months I stay away from trouble my charges will be dismissed. I was offered a job with a Life Insurance company and I must take courses and get licensed but I am afraid that these pending charges will appear. Do they do background check for these types of licenses? Should I wait for the charges to be sealed to take the exam? Will the arrest still appear after 6 months and be denied the opportunity to get licensed?
Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
They will appear until they are dismissed and sealed. So for the 6 month period, they are still "open" charges despite the ultimate outcome. There will be applications and a background check so they will show. I would wait to take the exam until they are dismissed and sealed as they will not show after that point.
After the six months the case will be dismissed and sealed as tough it never happened. As a matter of law you will be permitted to answer any question accordingly (see PL 170.55(8)). I would wait until the matter is over and done with.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
Yes they will appear so if you can wait then do so. While it is not provided for in CPL 170.55, I have seen judges entertain early sealing applications depending on the reason it may be granted. This is something to discuss with your attorney.
Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
Your Series 7 application is governed by FINRA rules and regulations, and generally any felony convictions will act as a bar from licensure. Misdemeanors are another story, as it depends on the nature of the offense. Being charged with a felony or misdemeanor shouldn't disqualify you, but you will have to disclose the event on your Form U-4.
Your firm is required to do a background check on your criminal record before "opening" your Series 7 window.
You will need to speak with an attorney who will work with your firm to see your license through, which will likely mean your firm undertaking some form of special supervision.
A misdemeanor charge should not prevent you from getting licensed. A felony charge is another story but not necessarily an absolute bar. A felony conviction could make it harder and more expensive to get licensed. The ACD implies that you were charged with a misdemeanor. Good luck.
The best advice is to prepare your criminal case as well as you can. Unless you get your arrest record sealed and expunged, the record of arrest will appear.
