Dismissed drug possession charge and background checks at FDIC insured institutions?

Asked about 1 year ago - 10011

I will be applying for an internship at an FDIC insured institution. I received an ACD for possession of a controlled substance (NYS 220.03). I received the ACD about two months ago, and have four more months to go. I looked up some case law, and the Supreme Court of NYS in a case regarding employment discrimination at an FDIC insured institution ruled that an ACD is a form of "pre-trial diversion."

Does Section 19 apply to "pre-trial diversion" programs that are not related to breach of trust or honesty, such as drug possession?

Here is the link: please read Section B!

Thank you so much!

Additional information

the link did not post:


Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Hire a lawyer to get the case dismissed now rather than in 4 months. I do this all the time.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Marco Caviglia

    Contributor Level 20


    Lawyer agrees

    Answered . Yes. Your ACD is for misdemeanor criminal possession of a controlled substance punishable by up to one year and/or $1,000 fine. Because the fine is not less than $1K and the potential sentence not less than one year, you will hve to apply to the FDIC under section 19 because you do not meet the "de minimis" requirements.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. Taylor A. Koss

    Contributor Level 10

    Answered . You need to have the case advanced and have an attorney ask the Judge for early-sealing of the ACD. Until the case is sealed, it is technically an open matter.

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