[Parthamis]

i may be a little paranoid, but is a violation of misconduct going to appear on a background check for the CPA license application?

A few years back I stole cash from a fraud employer that ripped me off, etc etc. I faced a petty theft charge which was dropped to a violation of misconduct.

[tncpa2018]

I don’t know the answer, but just curious how one violates a misconduct. The term “Violation of misconduct” doesn’t make any sense at all.

[Recked]

Violation is a legal term of a charge below felony or misdemeanor.
Violation is the charge level, and misconduct is the actual charge.

Differences Between a Violation, a Misdemeanor, and a Felony

To the OP. Be very careful in how you answer the questions on the application.
I would assume your original charge was either felony or misdemeanor, depending on the amount of money stolen.
If your application says have you ever been ARRESTED/CHARGED with a felony or misdemeanor then you need to indicate yes, and provide an explanation that should read a little better than I stole money from a fraudulent employer.
If your application says have you been CONVICTED of a felony or misdemeanor, then you would answer no.
Some applications specifically state that violations such as speeding tickets are not included.

Theft/embezzlement is obviously one of the types of crimes that they would be looking for (“possess good moral character”), so if you fit into a category that requires an explanation letter, then you should think long and hard on it and choose your words carefully.

To answer your question, yes I think any chargeable offense with a resulting disposition from court would appear on your background check, but I'm not an expert in this. If you want to put yourself at ease, see if your state offers a background check service. NY has one but you need to get fingerprinted etc to run one on yourself. There are also services on the internet that comb public records to compile a background check of sorts on you for a small fee.

[Tim]

Pretty sure asking have you ever been arrested/charged for something would be illegal. Now asking if there are pending charges is a different story. The logic is if you were charged/arrested for something and didn't get convicted of it then you weren't found guilty of it and it can't be held against you. That said, I'm sure what you were convicted of will show up on your background check unless part of your deal was to have your record expunged.

[Thats_LIFO]

@Tim – Not sure if it varies by state but in TX it clearly states you have to disclose if you were charged or arrested in addition to any convictions/deferred adjudication/probation (unless expunged or sealed by court order).

[Author]

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