About to start residency, Background check question

[brucefan11]

Hi Everyone,

I am dealing with the paperwork I need to complete before residency starts and I have a question about the criminal background check.

Let me briefly explain my situation.

In 2007 (well before I started medical school), I was arrested for misdemeanor DUI. It was the stupidest and most horrible thing I have ever done and I will be ashamed of it for the rest of my life. My state offered me a pretrial diversion program which, if completed successfully, would have the charge be dismissed and allow me to avoid a conviction (and thus allow me to answer "No" if asked if I have ever been convicted on future job applications or anything else). I did successfully complete the program and the charge was dismissed and thus I have NO conviction on my record.

When ERAS asked about misdemeanors, the question asked "Have you ever been convicted?" I answered "No" which is both accurate and honest.

When I got my paperwork from my residency program recently I was actually kind of hoping they would ask me "Have you ever been arrested for anything" (to which, of course, I would have answered "Yes") just because I kind of wanted to disclose it. However I was surprised to again see the question on the application stating "Have you ever been convicted of a crime?"

I guess I am going to again answer "No" which, as I already mentioned, is accurate and honest.

I will NOT LIE under any circumstances but I am just afraid of being accused of being less than fully honest (and any consequences that may have on starting residency) and I am not entirely sure what to do.

Does anyone think it would be a problem to answer "No" again? Does anyone think I should do something other than that?

I was wondering if anyone has any insight on what to do. I feel like I am being totally accurate and truthful. In fact a lawyer friend of mine told me that, since ERAS and this residency paperwork are legal documents I CANT answer "Yes" even if I felt that was more forthright because I have to give the proper legal answer.

However, this issue is just weighing on my mind. Has anyone been in a similar situation? Does anyone have any advice?

Does every program do a criminal background check?

Any advice is greatly welcome. Thank you.

Sorry if the underlining is annoying

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[shopsteward]

Your phrasing suggests it is the arrest you are ashamed of rather than the DUI which preceded the arrest. In the interests of accuracy and honesty, you might want to rethink that.

From what you say, the program has asked almost exactly the same question as ERAs. That suggests that they want almost exactly the same information. If you answer "yes", you will have to go on to give an explanation which shows that the answer should have been "no". This is unduly confusing for everyone. It is also different from the answer you gave to the same question on ERAs, which suggests that something either incompetent or fishy could be going on.

You have legal advice to the effect that you should answer "no". How confident are you in your lawyer friend's advice?

I suppose you could answer "no" and then ring up the program co-ordinator to explain that you are answering "no" but have an incident in the past which could have led to a "yes" but turned out to be a "no". What do you expect the program to do with that information? Do you want it on your residency records to be passed on every time someone refers to them?

There will probably be plenty of occasions in the future (licensing, credentialing) when you will have the opportunity to come completely clean, salve your guilty conscience and answer "yes".

 

[brucefan11]

Your phrasing suggests it is the arrest you are ashamed of rather than the DUI which preceded the arrest. In the interests of accuracy and honesty, you might want to rethink that.

Forgive me if I was not sufficiently clear. My actual poor decision is what causes me the most shame. I acted incredibly irresponsibly and it is my own actions which will always cause to feel ashamed.

Having said that though, thank you, sincerely, for your reply.

 

[shiftingmirage]

I thought employers were not allowed to ask if you've ever been arrested, because you're innocent until proven guilty. They can only ask if you've ever been convicted of crime.

If the charges were dismissed, the charges were dismissed.

Something I might consider for my own education, just do a background check on yourself and see what comes up with this arrest.

 

[brucefan11]

I thought employers were not allowed to ask if you've ever been arrested, because you're innocent until proven guilty. They can only ask if you've ever been convicted of crime.

If the charges were dismissed, the charges were dismissed.

Something I might consider for my own education, just do a background check on yourself and see what comes up with this arrest.

Thanks for your reply!

 

[somedumbDO]

You dont have to disclose it. Also your record was dismissed but did you get it expunged? If you get it expunged you dont have to answer yes if you ever was arrested. All that information is taken out of your record.

 

[brucefan11]

. You dont have to disclose it. Also your record was dismissed but did you get it expunged? If you get it expunged you dont have to answer yes if you ever was arrested. All that information is taken out of your record.

Unfortunately in my state it cant be expunged. Thanks for the advice. I even got a notarized document from the court today stating that the charge was dismissed. I decided i wont disclose it if the question only asks about convictions.

Has anyone out there been in a similar position though? I know one person who had a similar situation and he said it wasnt a problem for him at all but i am just a little worried.

Thank you!

 

[michaelrack]

I thought employers were not allowed to ask if you've ever been arrested, because you're innocent until proven guilty. They can only ask if you've ever been convicted of crime.

If the charges were dismissed, the charges were dismissed.

Something I might consider for my own education, just do a background check on yourself and see what comes up with this arrest.

1. The employer (in many cases the hospital) isn't asking, it is the residency program. Doing a background check on your self may not help- there are multiple levels of background checks.

 

[swamprat]

This is a no brainer you are being paranoid. Crime = misdemeanor and/or felony. Conviction = guilty of above. You were charged but never convicted and it was dropped. 2+2=?? 4. Don't overthink it your not being dishonest and your not the first person to have less than a picture perfect past when they were young.

 

[brucefan11]

Don't overthink it your not being dishonest and your not the first person to have less than a picture perfect past when they were young.

Thank you VERY much for your reassurance!

 

[HooliganSnail]

I had a very similar situation in my past (nothing a serious as a DUI though). I agreed to complete a program, and then the prosecutor would not proceed with the charges.

I was never convicted of anything, and they ask for convictions. I answered no to the criminal questions, because to the best of my knowledge I was answering truthfully. I did not have a problem, and just received my license in the mail yesterday.

Answer NO. No conviction, no criminal record.

 

[HooliganSnail]

You dont have to disclose it. Also your record was dismissed but did you get it expunged? If you get it expunged you dont have to answer yes if you ever was arrested. All that information is taken out of your record.

You are mistaken. The OP is describing a situation where he was never actually charged. Charges dropped contingent on completing program, which he did. No charges, no conviction, no record in needing of being expunged.

Just because you are accused does not mean you are guilty. You have to be found guilty to have a criminal record. For clarification, George Zimmerman has no criminal record, as he was never found guilty (at least the first time).

 

[somedumbDO]

With an expungement it seals record and essentially don't have an arrest record. You do have an arrest record if you were arrested sent to pd UNLESS, you filed for expungement. /lawyered