HI,
I am a recent graduate, Dec 2004, with a BS in Finance.  I graduated
magna cum laude with a GPA of 3.55.  I had gotten in trouble for an
eluding & possession charge in 2002, and now have a felony criminal
record.  Is their anything i can do to clean my record at all with out
having to wait 10 year and have it possibly expunged?  What type of
entry level job might I be able to acquire in the position I?m in.  My
punishment was Probation, 3 years, fines, and Community Service.  I
had a interviews with a large financial firms, but once I found out
about the required FBI background check I backed out of the
interviews?..

Dear nytefog-ga;

Thank you for allowing me to answer your interesting question.  Your
situation may not be as bleak as you make it out to be. As the
commenter pointed out, your qualifications alone could very well cause
a prospective employer to suspend company policy and hire you anyway.
The bottom line about being honest is this: If you back out of every
job offer that conducts a background check, you won?t get hired anyway
(except where state law prohibits it unless a regulatory agency
approves it) so there?s no harm in being honest (and perhaps contrite)
about it up front.

Look, I have been in law enforcement professionally for more than two
decades. I?ve done background checks on people more times than I can
count or recall. On many occasions a felony ?record? failed to even
show up on someone?s background results. The truth is, not everyone
who has a felony conviction actually has it on their record. Things
happen; people fail to put things in the computer or make mistakes
when they add histories to computers and once in a while felonies just
fail to show up. You may be one of these people, who knows? Don?t run
away from an interview based on what you think might happen. If you?ve
paid your debt and (quite obviously) made significant improvements in
your life, hold your head up and face your life challenges with pride
like you?ve done with your college challenges. Employers don?t contact
each other and say, ?Hey, watch out for this guy. He?s a felon.? No,
they simply give you the job or turn you down. There?s no harm in
being turned down. Your biggest challenge may be in trying over and
over again to find an employer who is willing to overlook your
youthful mistake. It may be harder for you but it is not impossible;
in other words, don?t think for a minute that your accomplishments are
for nothing.

There are also some alternatives:

You mentioned a 10-year wait before having your record expunged.
Whether you realize it or not, you may be eligible now unless your
state specifically requires a 10-year wait. I know of no time period
that must elapse before a state judge can expunge a record. (Though
there is a five-year waiting period from the date of conviction for a
pardon ? I?ll talk about that more in a minute)

Believe it or not, I have even personally assisted by vouching for
some felons? expungement requests after only a few months following
the completion of their court ordered commitment. So, if your
suspension is up and your time is all served, you are probably
eligible to motion the court for an expungement. You many want to
consult an attorney about the laws in your state as we can?t offer
legal advice in this forum.

On the other hand, you can always contact your state?s Attorney
General?s Office or Governor?s office to see precisely what is
required in order to get a Governor?s pardon. In many states a simple
petition or letter to the Governor requesting a pardon is enough to
have your case considered. You may also contact your state board of
pardons and paroles to learn the criteria for pardon applicants.

You may have heard that you can also get a pardon from the President
of the United States (Executive Pardon), but this is probably not true
in your case.  A Presidential pardon has a waiting period of 5 years
after the date of conviction, but the President is only authorized by
the constitution to pardon Federal crimes, not state level crimes
(which yours apparently is).

As for your question about what kind of entry level position you might
be able to get with a record like yours, well, you can get whatever
the employer is willing to extend to you. Walk into an interview
making eye contact and shaking hands. Be happy, be professional, be
eager and enthusiastic. If the subject comes up be honest, show some
remorse but be steadfast in your achievements and your apparent
improvement. Don?t hesitate to say ?but? when you explain your past
(?Yes, but that was a long time ago??, ?I know sir, but since then??,
?That?s true ma?am but I was very young at the time??)

Knowing only what I know about you now, If I were interviewing you I?d
be anxious to hear what you had to say for yourself, but even more
anxious to hear how you think you?d be an asset to my company. I, more
than anyone, knows how easy it is for someone to make a mistake so
personally, I?d be delighted to give you a fair and impartial shake.

When you go out there keep in mind that I am not the only one who
thinks this way. The person interviewing you might have been a young
wayward person one time too.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher

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Request for Answer Clarification by nytefog-ga on 21 Apr 2005 12:04 PDT

I like to know if this charge disqualifies me from becoming a NASD
member, or taking the Series 7 exam.....

---

Clarification of Answer by tutuzdad-ga on 21 Apr 2005 13:17 PDT

Clearly, most felonies would not prohibit someone from aligning
himself with NASD. This article on criminal record disclosure mentions
NASD members who have both investment and non-investment felonies.
Apparently each case is judged on it's own merit.

Disclosure of Reps Felony Convictions Under Discussion
http://registeredrep.com/mag/finance_disclosure_reps_felony/

However Section 4(g)(2) of the NASD By-Laws provide that a person
convicted of ANY felony is subject to a statutory disqualification for
ten years. The good news is that an eluding charge (which is
non-investment related) is defintely going to be on the lower spectrum
of significance when the time for consideration does come due.

SECURITIES AND EXCHANGE COMMISSION 
http://www.sec.gov/litigation/opinions/34-43555.htm

You can get an exemption though. The Exchange Act, Section 15A(g)(2),
and NASD By-Laws Art. III, Sec. 3(d), state that a person subject to
statutory disqualification is ineligible to associate with a member
firm UNLESS he or she obtains special relief from NASD through the
eligibility process outlined in Procedural Rules 9520 et seq.

RRBDLAW.COM
http://rrbdlaw.com/STATDISQ/sddecisions/04017.htm

I hope this clarifies everything for you. I look forward to your final
rating and comments.

tutuzdad-ga

I know a guy here in the UK who was well qualified for a very
responsible job but he had 'a record'.

He levelled with his prospective employer (knowing that they would
check) and got the job anyway.

They figured that he must have been honest to have told them.

I would suggest that you are upfront about it.

If you are any good, some employees are likely to give you a chance.

Good Luck!

http://www.lac.org/lac/main.php?view=resources

the information you have already been offered is very good. while your
question was really about cleaning your record i want to offer some
encouragement. the first thing you have to do, while you are seeing
about cleansing, is stop hiding. you can't unring the bell. you have
to work around it. you can't win the lotto if you don't buy a ticket.
neither can you get the job if you don't go to an interview. even if
you don't get the job you will gain valuable experience in the
interview process. that is a skill in and of itself. keep your head up
and go learn how to play the interview game.

it is not a fact that nobody who committed an offense in college ever
gets a job in their field. you have academic credentials. you need to
go in, make a case for yourself and mea culpa a youthful indiscretion
in very much the way suggested by tutuzdad. i'm not soft selling the
issue but am assuring you that there are many working in the industry
that have far worse on there resume than this. it's just another
hurdle but not insurmountable. you're just getting started in life. go
for the gusto. you are looking at a highly competitive, highly
compensated industry with more applicatants than jobs. you have to be
aggressive, sell yourself, accentutate the positive and own up to the
rest when the time is appropriate. that means you don't make it the
first or even second item on the agenda at the interview but you don't
wait until they find out on their own later. that just makes them mad.
if the question is asked or when the application is offered it's time
to mention it. don't avoid interviews. fill your day with them. if
that's your field talk to every viable employer who will talk to you.
the more irons you have in the fire the more likely you will find
someone who sees your potential. if you sound needy, desperate or
unapologetic you're not going to get there. be young, strong, display
a positive mental attitude, sell your successful undertakings and then
make disclosure. if they are interviewing they are looking to add
members to the team. give them reasons to make it you. that's what
gets the job. you can't do that from home.

in the end there are going to be some firms that will simply have a
policy that says no to you as an applicant. they don't matter. you
aren't looking for the no firms, your search is for the yes. it exists
and with or without a college brush with law enforcement, it is your
job to find it. they aren't going to come looking for you. you can't
get a hit from the bench. get your at bat and take your swings when
you're up there. good luck.

The laws and regulations pertaining to expungements / expunctions and
pardons vary significantly by state (and again for federal
convictions). Assuming that your convictions are under state law, it
would be very helpful if you would describe the state you are in such
that you can get information relevant to your situation.

The state in which my conviction occured was NJ.  I have a 3rd degree
Eluding charge on my record (which i've checked).

I like to know if this charge disqualifies me from becoming a NASD
member, or taking the Series 7 exam.....