[Miss Cindy]

I need opinions on the best way to move forward. As always, your input is greatly appreciated.

When I applied with the BOA to get my first NTS, there was a question about criminal convictions. I disclosed that I was found guilty of DUI in 2010. I wrote a letter of explanation as was required. I was then approved to take the exams and got a letter saying that they would check my criminal history again after passing all exams just to make sure that I haven’t been out causing trouble. (That is obviously not the wording that they used, but it is my current best understanding.) I didn’t give it anymore thought for a little while and then it hit me; I guess I have actually been convicted of 3 crimes in my life: Underage possession of alcohol at 18 years old, underage possession of alcohol at 20 years old, and then the DUI that was disclosed to the board. (Side note: Don’t even say it; I see the trend. I don’t drink much anymore, and I certainly don’t drink and drive.) Somehow in my mind, the first two items seemed pretty silly and immaterial compared to the big nasty DUI so I didn’t mention them. I had disclosed the DUI to employers where appropriate, but never bothered to mention the other two to them either. I wasn’t really trying to be deceitful; it just didn’t seem important. I have a different view of it now: the events themselves probably are immaterial, but the lack of disclosure about the events could be viewed as being material.

So my question is: Do I contact the board with another letter providing a better explanation before they find out on their own and I’m barred from CPA land for my entire life or something? – or – Do I just forget about it and assume that it’s really not that big of a deal?

[Letsdothis]

I wouldn't worry about it, unless it involves theft.

We all have the ability to be whomever we want to be in this life. It's just a matter of DETERMINATION, PERSISTENCE, PATIENCE and the WILL to follow through. Never give up!

[Anonymous]

I would look into getting your convictions expunged, or whatever the process is. I have heard of people getting certain convictions off their record or sealed after a certain period. I mean those aren't exactly the most terrible of crimes, considering your age for the first two, so you may be able to get them removed from your record. I would probably contact your state board after finding out how that process works.

[Anonymous]

[Tripp11]

If I were you, I would contact an attorney or a legal savvy friend and look into getting those undisclosed criminal acts removed from your record, if possible. If this is not possible, I would contact your board and explain the issue to them and give them the details of your prior convictions not originally disclosed. If that means writing another letter to the board, so be it.

IMO, the last thing you want to happen is for them to discover this on their own, when doing their final due diligence.

CPA's are one of the most ethical professions, and now that you've recalled the prior convictions, I believe it's on you to alert them of these convictions.

AUD - 93
BEC - 80
REG - 86
FAR - 83

[Anonymous]

I believe the threshold is a felony conviction. The underage drinking charges are more like traffic tickets, but the DUI one is the biggie. Even if you get through the state BOA, it will follow you for life.

I would start over using a different state.

[Miss Cindy]

BJD: I'm confused by your post. The BOA didn't seem to be too worried about the DUI. (a misdemeanor charge btw) I disclosed it and then they let me take the exams. I can't think that they would deny my license based on something that was disclosed to them before they let me pay them $1,000 dollars and put in a year's worth of effort. I'm thinking promissory estoppel.

As to starting over in a different state, do you mean life? If I get through the BOA, meaning I get a license, then I'm not sure what other hurdle would really stand in my way seeing as I already have an awesome job.

As to starting my CPA journey over in another state, I'm not sure how that works. I guess if I have to, I will find out pretty quickly, but I live and work here. I've also passed FAR here. I never in my life want to take that thing again.

I think I missed your point. Any chance you could clarify it for me?

[mla1169]

If the letter actually said they would check your criminal background AGAIN, that means you're fine they've already checked it (not sure if they check at the time of NTS application and at licensing?). I don't see it as a big deal but if the letter didn't specifically say the word again maybe just give a call and ask if that will cause an issue.

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

Massachusetts CPA (non reporting) since 3/12.

[silverdice7]

You should have just disclosed everything from the beginning. I know a candidate that had the exact same record as you (two MIPs and dui arrest, no conviction though). The board let them sit for the exams. I know this post doesn't help much but these alcohol offenses aren't felonies, shouldn't have ‘forgotten' the MIPs and you would have nothing to worry about.

AUD 94
BEC 91
REG 88
FAR 91

Done!

[Miss Cindy]

You're right Silver, that doesn't help at all. I do get what you're saying though.

Thanks MLA.

[Author]

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