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FDIC Section 19 and Sealed record?

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Enjoying-Life

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

I am a recent college graduate in my mid 20's and had a case when I was 20 years old. It was possession of stolen goods but there were no conviction. It was a pre-trial probation for a year and 20 hours of community service. I did not know what pre-trial was at the time and just listened to what my lawyer suggested. Case was dismissed and I did not get into any other troubles nor any traffic violation (clear record for this) since. Two years ago, I went to file a motion to seal the record and the judge would not allowed me to. He stated that this case is too light and if I seal it, employers would think it's something serious. Before he ended the case, he stated that I would get a job and not worry about the record.

Fast forward to June 2010, where I finally got my first real job at a Financial Institution in New York. Three days in and I was terminated due to the record and how I violated the FDIC Section 19. The HR manager told me that I can probably never get a job in the financial industry even if I get it sealed, which felt like being stab in the heart. Now I'm unemployed and currently waiting 2 more weeks when my case officially get seal, since I got a legit reason and a new judge who was more lenient and understanding. Also this time I have an attorney to represent me.

My question is, will the Financial Institutions be able to look at my record even after it get sealed since they follows the Federal Law?
 


Beth3

Senior Member
If you get the court records sealed, there are still other ways for employers or individuals to access the record, or at least parts of the record. For example, your arrest record remains available through the police. Whether that shows up in a background check depends on how thorough the check is.
 

Enjoying-Life

Junior Member
I would expect it to be pretty thorough since they do the digital fingerprinting on the job that I was terminated. My main concern is the FDIC regulations section 19 that can prevent me from working in the field that I spent 4 years in college studying for.
 

Antigone*

Senior Member
I would expect it to be pretty thorough since they do the digital fingerprinting on the job that I was terminated. My main concern is the FDIC regulations section 19 that can prevent me from working in the field that I spent 4 years in college studying for.
This is a perfect example of your bad decisions coming back to haunt you. I suggest you look for employment outside the financial services industry.
 

strung out

Junior Member
Hey Enjoying Life

When you applied to the job, did the application specifically say you had to be in compliance with section 19? or something like : have you even been convicted of a crime involving breach of trust, dishonesty or money laundering?

I am curious how you are making out - reply soon. I think I may have just made the same mistake as you. fake train ticket arrest, no charge, 8 hrs community service. I wonder it falls into the section 19 also?
 

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