[wal5036]

Hello,

I am currently studying at Penn State majoring in Accounting with a 3.21 GPA. However, I recently got arrested for possession of marijuana. I am very concerned about this affecting my possibility of employment and eligibility to sit for the CPA exam in the future (specifically in New York, New Jersey, and Pennsylvania).

The charge will be a misdemeanor.

Considering that this offense had nothing to do with money or finances in anyway, and that I did not endanger anybody with my actions, do I still have a decent chance of becoming a CPA and landing a job as an accountant out of college?

[jeff]

Similar thread: https://www.another71.com/cpa-exam-forum/topic/does-a-dui-end-career-as-a-cpa?view=all

Jeff Elliott, CPA (KS) | Another71 | NINJA CPA | NINJA CMA | NINJA CPE

[wal5036]

jeff, i saw that thread but i also saw that the majority of posters got sidetracked in a moral debate of whether DUI'ers should be forgiven or not.

that's why i decided to make an account and post a question pertaining to my exact issue.

[jeff]

I hear ya…just trying to help

Jeff Elliott, CPA (KS) | Another71 | NINJA CPA | NINJA CMA | NINJA CPE

[acamp]

Anyway to get it knocked down with deferred sentencing or anything? Good behavior program or the like? See if your school has any resources/programs. Do you have a lawyer? (a real lawyer, not some BS pub defender) Depending on your background, spending $1K-2K might make most of it disappear.

That said, pretty sure you can be a CPA with a misdemeanor, however some potential employers might frown on you disclosing such a recent charge

Ninja + Wiley Test Bank: [FAR - 81] [REG - 76] [BEC - 88] [AUD - 73](doh!)

Becker Videos: [AUD - 82]

California CPA

[ImaCPA168]

Have you been charged only or have you gone to court already and gotten convicted? If you have been charged and haven't gone to court, then I agree with acamp. Get a lawyer and see if he/she can minimalize this on your record or…make it go away completely. It's worth it.

If you have already been convicted (sentenced, fined, put on probation), then start looking into your state's expungement process. Usually you cannot do it until you have fulfilled probation requirements or a set number of months/years has elapsed. Depending on the state's max allowed remedy, your record will either be completely expunged meaning that when someone does a background check on you, your record will be clean -OR- the infraction will remain on record but it will say the case was dismissed. Either way, you should not have problems with getting a job after you get your expungement granted. Again, hire a lawyer to do this for you. If you don't do this, every time you fill out an employment application, you will always have to check the “yes” box when they ask if you have ever been convicted of a crime.

There are still instances even after you have your record expunged that you have to still disclose your misdeamnor.

CPA licensing is one of them. After you pass your exams, and you get into the application process, there is a legal disclosure form you have to fill in. Minor infractions and crimes that don't have anything to do with ethics, which is what I would categorize your misdemeanor, should be OK. Amount of time lasped and expungement will also play in your favor. But you do have to diclose everything and be honest.

Getting a job in a paticular industry is the other one that I can think of. If you're trying to get a government job or a job in an industry that is highly regulated by the government (banking, energy…etc.) having a ciminal history will likely have a huge impact even if you have your record expunged because they will ask you to disclose your criminal history regardless of expungement/dismissal. I suggest you do your research here.

Again, I think you're OK to get a license. But I don't know about getting a job. It really depends on the employer and the industry you get into. And since your misdeamnor is so recent…I can't really say how it will affect you. Definitley look into getting a lawyer/your record expunged. It will help you greatly in both pursuits but it will help you get a job more.

B - 83 Done
A - 88 Done
R - 81 Done
F - 77 Done

Ethics - Done
Attest Hours - Done

Licensed-May 2013!

[ti807910]

I tried looking around. From the Texas and NY state boards, you will have to disclose any misdemeanors and then they will decide if it's ok or not. I couldn't find any specific mention of which misdemeanors are ok or not but I think it has to do with whether or not they think you can still uphold the “good moral character” rule. Do you think a drug possession charge says you have good moral character?

FAR: 72, 68, 73, 78 (passed)
REG: 61, 70, 73, 63, 78 (passed)
AUD: 65, 84 (passed)
BEC: 89 (passed)

NASBA gave Doby a passing score, Doby is freeee!!

[Almost Done]

Bottom line- It's based on your conviction NOT your pre-trial charges placed by law enforcement. Do not plea to the charges either, fight them at trial and get them bumped down.

BEC: Passed
REG: Passed
FAR: Passed
AUD: Passed

[jpCPA]

@wal5036 I'm not in your state but I had two felony drug charges and a dui 13 years ago that I plead no contest to so I wasn't convicted. However, I was required to meet with my state board before they would approve me to sit for the exam. I doubt a misdemeanor will prevent you from achieving your goal.

FAR - 44,15,36,37, Retake Feb 2015
REG - April 2015
AUD - TBD
BEC - TBD

[mla1169]

I'm almost certain you'll be able to get a license. But when it comes to finding a job-two candidates with similar credentials but one has a misdemeanor-might sway the decision. If you're not able to get it expunged focus on ways to distinguish yourself from other candidates.

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[gbeste]

It shouldn't, almost 100% sure.. I have gotten in my fair share of trouble with the law, but I disclosed it all on my application and still got my NTS. I will not list what happened because I don't feel like getting lectured.. If I remember correctly, the big deal is getting into trouble once you are already licensed.. Even then as long as you stay out of jail and it doesn't have to do with fraud, you're golden.. The only place you are going to run into trouble is perhaps when you are going for a job.. Just make sure you disclose EVERYTHING on you application for the exam.. I know doctors and lawyers with DUI/Possession charges, I know you are probably freaking out but it really isn't a big deal.. Just keep your nose clean once your licensed and maybe pay a lawyer to get it expunged if you feel the need..

FAR - 84
AUD - 93
REG - 76

[gbeste]

Sorry, all the other posts weren't there when I typed mine.. You get the picture..

FAR - 84
AUD - 93
REG - 76

[ImaCPA168]

@ti807910

What I meant from “good moral character” has to do more with business ethics – dishonesty, deceit, fraud…etc. I'm no lawyer but I think DUI and misdeamnor marajuana possession is going to be OK. I still stand by what I said before about getting your record expunged. Convictions will hurt chances to get a job even if it doesn't impact you getting licensed especially when you're competeing with applicants who have a clean record.

Anyway, this is exactly what it says in the California's CPA License Handbook under Criminal Conviction Disclosure and Finger Printing sections:

Pursuant to Section 480 of the California Business and Professions Code, an applicant may be denied licensure based on the following:

-Knowingly making a false statement of fact, required to be revealed, in an application for licensure.

-Conviction of a substantially related crime.

-Commission of any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another.

-Commission of any act which, if performed by a licentiate of the business or profession in question, would be grounds for suspension or revocation of the license.

One more thing…definitely avoid getting in trouble with the law AFTER you get licensed. You're held to a higher standard at that point.

Hope this helps.

B - 83 Done
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R - 81 Done
F - 77 Done

Ethics - Done
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Licensed-May 2013!

[wal5036]

thanks to all! i just found out from my attorney that technically i can put “no” on my applications when asked if i have ever been convicted of a crime. it's a disorderly person's offense, new jersey speak for misdemeanor, but technically it isn't a criminal conviction. not too sure i understand that as i have heard the opposite before, but if my attorney told me this i'm going to believe it.

looks like i'll just have to disclose it to the state boards, not to potential employers. and it also appears state boards won't care, especially new york where i obviously want to work, as marijuana is completely decriminalized in NY (if only NJ were as progressive…)

thanks to all advice, much appreciated!

[Anonymous]

What about trying to do a diversion program? In my state, they offer diversions for first offenses. You go in, make a deal with them that you get nothing on your record (all charges are dropped) if you plead guilty, pay a fine, and go take drug tests for a certain length of time. If you pass all the tests and pay your fine, no record at all. It's a sort of “get out of jail free card”, excuse the pun.

You only get one chance, though. After that, any further criminal violations go on your record.

[Author]

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