Phoenix Section 19 FDIC Waiver Attorneys
Helping You Gain Employment After Criminal Convictions
Have you been convicted of a “crime of dishonesty” and been marked on your criminal record for one? Your ability to gain employment in the banking industry and related professions could be severely inhibited as a result. Any company, employer, or institution that deals with the Federal Deposit Insurance Act and its regulations, such as a bank or credit union, is likely unable to hire you—unless you have a Section 19 FDIC Waiver.
At MayesTelles PLLC, we are proud to offer legal counsel and representation to anyone who needs a Section 19 FDIC Waiver to advance their careers after a conviction jeopardized it. We can walk you through the process of applying for a Section 19 FDIC Waiver, so none of the legal complications can get in your way.
Get more information now about Section 19 FDIC Waivers. Call our firm at (602) 428-7104 at any time.
Section 19 FDIC Waiver Explanation
Under the Federal Deposit Insurance Act (12 U.S Code § 1829), any FDIC-insured institution and its affiliates must review the criminal history of anyone who applies for employment there. The review must look for “crimes of dishonesty” that could indicate that the applicant might attempt to defraud the institution or the general public if employment is gained.
A crime of dishonesty is usually a white-collar, finance-related crime or action, such as:
- Money laundering
- Wrongful abstraction
- Financial fraud
- Willful misapplication
- Breach of trust
If an employment applicant has a mark on their criminal record related to a crime of dishonesty or financial fraud, the employer is prohibited by federal regulation from hiring them. However, a Section 19 FDIC Waiver can be obtained to overrule this automatic disqualification. Essentially, if you get an FDIC waiver, it means the Federal Deposit Insurance Corporation has reviewed your criminal history and related background information and determined that you are fit for employment at an FDIC-insured institution. The idea is that if the FDIC trusts you to be employed at an institution, the employer should, too.
Section 19 FDIC Waiver Qualifications
You will need a Section 19 FDIC Waiver if you were:
- Convicted of a relevant crime of dishonesty;
- Not considered a youthful offender or juvenile delinquent at the time; or,
- Entered into a pretrial diversion program or similar program for such a crime.
Our attorneys can review your criminal history to see if any marks on it will prevent you from gaining employment at a financial institution, bank, or credit union. If you have been convicted of a crime of dishonesty, then it is likely that you will need to get a Waiver. Regarding pretrial diversion programs, the FDIC has more discretion when deciding if you qualify for a Waiver. It will consider your case individually and based on the specifics of the pretrial diversion program you completed.
When applying for a Section 19 FDIC Waiver, you should be prepared to explain why your employment at the FDIC-insured institution would not put the employer or the general public at risk of fraud or crimes of dishonesty. Your case can be approved or denied based on the FDIC assessor’s conclusions. If you hire our attorneys to represent you, though, you can be confident that your application and explanations are thorough. Our goal is to get first-round approvals for all our clients who submit FDIC Waiver applications.
What is the De Minimis Waiver?
The FDIC categorizes certain crimes and cases as de minimis, which means the offense is considered minimal. If your case can be categorized as de minimis, you can be automatically granted a Section 19 FDIC Waiver without needing to go through a full application process.
According to the FDIC, a de minimis cases usually include:
- Convictions involving less than $500 worth of stolen goods, services, or currency.
- Convictions involving fraudulent identification used to purchase alcohol illegally.
- Convictions involving “bad checks” worth less than $1,000.
If you do not meet the typical de minimis requirements outlined above, you may still qualify for the de minimis exemption if:
- Have only been convicted of one crime of dishonesty;
- You could not have been sentenced to more than a year in jail;
- You were imprisoned for three days or less;
- You could not have been fined more than $2,500;
- At least five years have passed since the conviction or diversion program was entered; and,
- Crime of dishonesty did not involve an insured bank or credit union.
Several other de minimis exemptions and rules exist, which could affect your case. For a full explanation of the concept of de minimis regarding FDIC Waiver cases, you can work with our attorneys, who can make sure you understand each step of your case as it progresses.
Fill out an online contact form if you have questions about FDIC Waivers and de minimis exemptions.
Does Expungement Affect Section 19 FDIC Waiver Applications?
Typically, an expungement of a crime of dishonesty on your criminal record does not affect the FDIC’s review of your criminal record. In other words, if you were convicted of a crime of dishonesty and later had that conviction successfully expunged or sealed, the FDIC will still see it on your criminal history due to its federal authority, and you will still be barred from relevant employment at certain financial institutions.
Some states allow complete expungement of certain criminal records. A complete expungement stops even law enforcement officials from viewing that part of your criminal record, and it can even halt court orders to reveal it. If you have a complete expungement of a crime of dishonesty conviction, it might prevent the need for an FDIC Waiver. For more details, you should speak with our lawyers who can look into the situation for you.
Let Us Navigate the Section 19 FDIC Waiver Process for You
At best, the Section 19 FDIC Waiver application process is complicated; at worst, it is confusing. To avoid getting caught up in the many details of the process and the expectations of the FDIC, let MayesTelles PLLC act as your legal guide from start to finish. With our representation, you can be sure that your application is completed and submitted correctly, so you can avoid any unnecessary delays. Let’s work together today to help you find gainful employment in the financial industry.
Call (602) 428-7104 to schedule a free consultation with our Section 19 FDIC Waiver attorneys. We are headquartered in Arizona but can assist FDIC Waiver clients nationwide.