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Denial of license for arrest without conviction

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Old May 7th, 2008, 05:56 AM     #1
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Unhappy Denial of license for arrest without conviction

Can a professional licensing agency deny someone a license that they meet all of the requirements for if they have a fingerprint check that matches for an arrest that did not result in a conviction?

A relative of mine was just hired by an insurance company. He started a couple of weeks ago training to obtain the licenses needed to sell the products. As part of a background check he had to be fingerprinted. An agency called FINRA contacted him yesterday and said they found a match for him in a particular location and they want all court documents related to the matter. The incident was due to him being pulled over for speeding because he had been going 40 in a 40, but it dropped to a 30 entering a small town, and he didn't slow down in time. An officer was waiting right there and pulled him over. It was about midnight and the officer asked him right away if he had been drinking. He had had some alcohol with his dinner that night, so he answered yes. The officer asked him to do a field sobriety test by walking heel to toe. Unfortunately (and I know this will sound made up, but it's true), he has a deformed leg that is three inches shorter than his other leg, it is partially paralyzed, and it is not possible for him to walk heel to toe in any circumstance. Since he couldn't walk straight, the officer did a field breathalizer on him and he was measured at 0.06, which is below the legal limit. My relative also had one other minor problem in that he had just gotten a new company car from his old employer the day before and he had taken his registration and proof of insurance out of the car to complete some paperwork and had not remembered to put it back.

So, understandably, between the inability to walk a straight line, no registration or proof of insurance, and some measurement of alcohol, the officer decided to take him to the jail to be breathalized on the big machine. He was measured at 0.06 again and was released from the jail without delay. He went to court and had provided all documentation of his paralyzed leg, his registration and insurance, and the only thing he walked out of court with was a paid speeding ticket.

He is extremely worried that just because his fingerprints showed up that this FINRA organization is going to deny him his license. I told him that it should be fine since he wasn't found guilty of anything, but strange things happen in this country anymore, so I wondered if any legal professionals here could see any possible issues with him still obtaining his license when he has nothing but a speeding ticket on his record?

Thanks for any clarification.
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Old May 7th, 2008, 10:50 AM     #2
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Default Re: Denial of license for arrest without conviction

Visit this link and you will find some answers about FINRA's policies concerning arrests and convictions:

RRBDLAW.com 917-520-2836:FINRA statutory disqualification MC-400 Felony DUI U4 U5
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Old May 7th, 2008, 12:04 PM     #3
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Default Re: Denial of license for arrest without conviction

Generally, U.S. employers may "legally" screen job applicants based on their criminal records. But the extent to which they may consider criminal records for employment decisions varies according to state laws and regulations or guidelines established by civil rights agencies. For example, in many states, employers may not consider arrests without convictions or even ask about arrests in most cases. An arrest without conviction is usually one that led to a not-guilty verdict or was classified as:

Dismissed
No Papered (defendant released without appearing before a judge)
Nolle prosequi (prosecutor or plaintiff did not proceed with charge)

Check with your state labor board as well.
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