Can I become a licensed psychologist with an arrest record?

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Ilovecats30

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Hello, over a year ago, I was arrested because I snuck into my then-boyfriend's apartment because I suspected him of looking at child pornography. I caught him, and called the police. I know now this was very stupid and they ended up charging me with "Breaking and Entering with Intent to Commit a Felony." They apparently had to make an arrest because it was a domestic dispute even against my boyfriend's wishes. The case was dismissed but now I'm stuck with this horrible reputation that will stay on the FBI records even after expungement and I'm feeling incredibly hopeless and depressed. I want to get a Ph.D and do either research psychology or become a psychotherapist. Will this effect getting into schools and later licensing? Any advice or kind words are desperately needed - I can't handle my dreams being wiped out because of some silliness on my part a year ago. Please help!

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"Intent to commit a felony"....were you charged with a felony?

Sorry to hear what happened as a result of a horrible suspicion. It will make a difference if it was a misdemeanor vs. felony, with a felony being more limiting for a future clinician. However, this is part of your narrative history. Can you discuss it in detail with someone who can help you spin the experience around so it doesn't sound like you were stalking (even though you felt justified by doing so)?
 
I'm pretty sure it's considered a felony, as the lawyer appointed to me said that the best outcome was a dismissal (which I got) but that the second best was getting the charges demoted to trespassing which would be a misdemeanor. So, I assume from that statement it was a felony. I'm not sure what you mean by "talk to someone", a lawyer? therapist? Or people in charge of admissions and licensing? I plan to get the record expunged and I'm hoping if they do the FBI check they will give me a chance to explain and possibly be sympathetic as I was never a danger to society and this behavior is far behind me.
 
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you will not be able to be licensed as a psychologist with a felony conviction.
 
you will not be able to be licensed as a psychologist with a felony conviction.

Sounds like the OP wasn't convicted, and the case was dismissed. I'm unsure if this will count against you, but I wouldn't think so if you weren't convicted. "Innocent until proven guilty," and all that.
 
I just applied for licensure. On every licensure application i've seen (i've looked at several states), you are required to disclose whether you have ever been convicted/arrested of ANY violation aside from minor traffic tickets, including DUI's, misdemeanors, felonies. You then have space to discuss the details. You will also have to do the same when you apply for internship and for many jobs. A felony conviction is going to be a deal breaker for licensure as a psychologist. They also do fingerprinting for licensure and will be able to see your record.

Your best bet is to email/call the board of psychology in your state to verify with them. You don't want to find this out that you can't be licensed after investing 7 years into this degree.

Here is what it says in my state:

"Before the Board of Psychology can issue a license, a clearance must be received from the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to document that the applicant has no criminal history that has a substantial relationship to the qualifications, functions or duties of a psychologist."

Your story doesn't add up either. You were charged with breaking and entering with intent to commit a felony? What felony were you intent on committing?
 
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Sounds like the OP wasn't convicted, and the case was dismissed. I'm unsure if this will count against you, but I wouldn't think so if you weren't convicted. "Innocent until proven guilty," and all that.

Then what is she waiting to b expunged? I assumed it was this conviction?
 
It was NOT a conviction! I wasn't convicted of any crime. The case was dismissed! They did take my finger prints, but they asked me if they could and I said yes. I can get it expunged but not from the FBI record. I plan on calling the Board of Review in the state in which I would try for a license to see how bad my prospects are. Again, I was not convicted, only charged and the case was dismissed.
 
Then what is she waiting to b expunged? I assumed it was this conviction?

Good question...I'm not quite sure how all this works. Maybe there's still a record of the arrest even if she wasn't convicted?
 
FBI record of what? And why FBI? Since when is breaking an entering of a residence federal jurisdiction?
 
It was NOT a conviction! I wasn't convicted of any crime. The case was dismissed! They did take my finger prints, but they asked me if they could and I said yes. I can get it expunged but not from the FBI record. I plan on calling the Board of Review in the state in which I would try for a license to see how bad my prospects are. Again, I was not convicted, only charged and the case was dismissed.

So you may have a problem because the FBI record is what the licensing board requests when they take your fingerprints. So you were charged with a felony but not convicted? Can you explain the difference exactly. As far as I know, if you are charged with a felony, it will show up on a background check so this is limiting when it comes to employment and licensure. When you look at your record online, can you see the charge? If yes, the licensing board will see it as well since it will appear in a federal background check.
 
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So you may have a problem because the FBI record is what the licensing board requests when they take your fingerprints. So you were charged with a felony but not convicted? Can you explain the difference exactly. As far as I know, if you are charged with a felony, it will show up on a background check so this is limiting when it comes to employment and licensure. When you look at your record online, can you see the charge? If yes, the licensing board will see it as well.

It shows up, but wont have the same detrimental effect as if she was convicted. For the state licensing board, anyway.

The tricky part is many programs are now doing background checks on applicants or those who they accept, so explaining the situation to a admissions committee and during interviews will be tricky. All things equal between two applicants, you don't take the person with questionable legal bumps.
 
Her record will show she was arrested (taken to the station, printed, etc.), but not convicted (by a judge). She technically has an arrest record, but not a record of a felony conviction. OP, sounds like calling the Board is your best bet - this is a bit of a gray area.
 
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FBI record of what? And why FBI? Since when is breaking an entering of a residence federal jurisdiction?

This was my question as well.

And my comment regarding talking with someone, that someone could be an attorney, therapist, priest, psych professor, but a trusted individual who can assist you in taking ownership of your actions without seeming pathological or criminal. Just my two cents.

PHD12 makes a valid point of going straight to your state's board of psychology to get realistic feedback before putting yourself out there in this highly competitive field. You were brave to post here on SDN. While some folks here may not be able to offer kind words or support your dreams, you'll get some realistic feedback to point you in the right direction. This is why I say find someone you can be straightforward with, who personally knows you and may be in the field. This way you can be honest and work on how to put this behind you while developing goals you can realistically attain.

Good luck!:luck:
 
Would this also hurt internship chances?

Does the APPI ask "ever been arrested..." or "ever been convicted of...." I don't remember. I have filled out apps that have said both, so eventually it will HAVE to be disclosed.


That's the other tricky thing is that there will be SO many places in training where this could be an issue/roadblock.
 
I believe you are charged with a crime when arrested and that charge may or may not result in a conviction. My case was dismissed. The FBI keeps records of your arrests. The police arrested me because of a technicality having to do with domestic disputes, apparently they have to make an arrest if it's domestic since partners often protect perpetrators. :(
 
I believe you are charged with a crime when arrested and that charge may or may not result in a conviction. My case was dismissed. The FBI keeps records of your arrests. The police arrested me because of a technicality having to do with domestic disputes, apparently they have to make an arrest if it's domestic since partners often protect perpetrators. :(

1) The AAPI only asks for convictions.

2) The poster can screen internship sites and only apply to ones that don't require a criminal background check if she is that paranoid. However, since it was only an arrest, not a conviction, she will likely be ok

3) I have friends with serious arrests, but not convictions, who got licensed with no problem.
 
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I have gotten several interviews with retail jobs in the past 2 weeks, the interviews go well, and I sign a background check approval - and never hear from them again. I've literally had over 10 interviews in the past month that go really well and nothing. My friend was arrested for trespassing and the police told her it wouldn't be on her permanent record, but apple found it and questioned her about it

What were your friend's arrests exactly?
 
I have gotten several interviews with retail jobs in the past 2 weeks, the interviews go well, and I sign a background check approval - and never hear from them again. I've literally had over 10 interviews in the past month that go really well and nothing. My friend was arrested for trespassing and the police told her it wouldn't be on her permanent record, but apple found it and questioned her about it

What were your friend's arrests exactly?


simple battery
 
Well mine was a felony charge I believe, versus a misdemeanor so thats worrisome. All of the applications only ask about convictions, which I say no to obviously, but the arrest still shows up in the check and sounds very damning. The legal system wants to peg you as the bad guy early and make it stick so they know who to keep an eye out for later.
 
The tricky part is many programs are now doing background checks on applicants or those who they accept, so explaining the situation to an admissions committee and during interviews will be tricky. All things equal between two applicants, you don't take the person with questionable legal bumps.

This was my concern also.

The legal system wants to peg you as the bad guy early and make it stick so they know who to keep an eye out for later.

Take your energy and determination and prove them wrong. Again, focus on your resilience and figure out how to discuss this issue (in person) after you contact your State's board of psychology to make the decision to pursue or not to pursue this line of work. You're going to have to make sure everything else you do is squeaky clean and top notch; otherwise, as erg923 noted, when all things are equally, programs will go for the candidate with the least controversy.

Not equating you to an ex-con, but I had patients who were ex-convicts and a lot of time was spent in therapy discussing how to reframe the patient's narrative history and which people could be trusted to divulge this information to... as some patients were being indiscriminant when we first met and telling everyone and their brother about their recent past histories & experiences in lock-up. Not that you would, but sometimes when you are recovering, it is not always relevant to divulge your past to most people, and the 'criminal' component does not need to be part of your future identity (hence I say focus on resilience factors).
 
Yes, thank you for your nice reply. There is a chance I can get the arrest expunged off my record for when an employer does a regular background check, and that the only time it will show up is with the deeper level, finger-printed, FBI check. In that case I might just have to explain myself for licensing at the end. I am very quiet about that part of my past. Ha, what kind of jobs do ex-convicts get?
 
Doesn't asking about arrests instead of convictions kind of run contrary to "innocent until proven guilty"?

Seriously. I don't understand why it's legal for any potential employer to ask about arrest records. Being arrested is not the same thing as being convicted. I know that employers still do this, but IMO, unless you are going for a security clearance, or working in law enforcement/defense, it's grossly unfair.

A few of the posters on this thread might want to take a minute to think about this. Once you are arrested, that record exists forever, regardless of whether you are even charged with a crime, since you can be arrested prior to charges. Imagine that you were arrested in error: you stepped in to break up a fight outside of a restaurant one night, and the police arrested everyone involved at the scene, but released you once they took a look at the security footage and saw that you never so much as took a swing at someone. Or you have the same name and general physical appearance as someone else in your area who is being pursued by the police, and are mistakenly arrested. In both cases, you didn't commit a crime. Still, your arrest record will always exist, and in many areas, arrests are on the public record. That means that people may be able to access the arrest report and possibly even your mug shot. And now that the internet exists, the details of your arrest may be available indefinitely, even if your police jurisdiction later decides to stop listing that information online. Hell, third party websites have sprung up recently that post mugshots online and then offer to take them down only if you pay them a fee. These websites aren't concerned about whether people were actually convicted of anything, either.

I've never even gotten a speeding ticket, fwiw, but I tend to get soapbox-y about this topic. I just think it's distressing that the OP should have to worry about facing career consequences when s/he was never convicted of a crime.
 
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I'm no legal expert, but it seems that if you are not convicted, then you are innocent, hence the charge doesn't stick. Sure, it may come up as an arrest, but I can't see any program disqualifying you on that - you weren't found guilty. But, yes, it is best to contact your licensing board, of course.

ie: If you were arrested on suspicion of something, and then you were found to be completely innocent, why should that hurt your chances?
 
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I'm no legal expert, but it seems that if you are not convicted, then you are innocent, hence the charge doesn't stick. Sure, it may come up as an arrest, but I can't see any program disqualifying you on that - you weren't found guilty. But, yes, it is best to contact your licensing board, of course.

ie: If you were arrested on suspicion of something, and then you were found to be completely innocent, why should that hurt your chances?

Because a thorough background check will still show that you were arrested. The fact that charges were dropped doesn't mean that they go back and wipe the arrest from your record. And while I would hope that no employer would hold that against you, why should your employer even get access to that information?

Granted, there are many types of background checks, and many employers aren't doing the types of checks that would turn up arrests. Maybe they're just looking for felonies, or any convictions. I really don't see most psych programs, internships, postdocs, etc. going to that level of detail. I don't know that licensing boards will necessarily even know about arrests if they don't do the FBI check. However, I also don't think think that someone who is arrested or charged with a crime but is not convicted (especially if the charges were dropped) should have to defend themselves to the boards. We have a justice system for that.

ETA: And just to be clear, I think that anyone in the OP's shoes should talk to the licensing board. I am saying that ideal world, OP wouldn't have to worry about this, but we don't live an ideal world. If there's even a chance that this will come up during licensure, it seems better to be proactive and ask about it beforehand.
 
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Take with a granary of salt & ask your state board, just to be sure

It might hurt for applied forensic stuff - BOP, state DoJs, & etc. Most of the actual state licensure board requirements I've read mention felony convictions, but not arrests.
 
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what kind of jobs do ex-convicts get?

I'm gathering not the kind of jobs that involve delivery of mental health services; although I hear/read plenty of anecdotes of people who have turned their lives around and work in positions that serve their former in-group population. Mostly "temp-to-perm" jobs, meaning they were on a probation period much longer than the usual 90-days before they were offered any sort of benefits. Most of the jobs that I discussed with patients were trade or service jobs (i.e. auto repair, security guard -yes, believe it or not, parking attendant, some retail positions). Also, take note that the individuals that I worked with had some sort of mental impairment which limited their chances of obtaining and holding other types of employment.

I had to be fingerprinted, drug tested, and received a background check in my first year of doctoral training (actually the summer before the semester started). It was an externship through the New York State Office of Mental Health. It is important to start off with a clean slate and stay consistently responsible (i.e. out of trouble) throughout your training because you never know when you will be asked to reveal your ‘biological’ and ‘physical’ history.
 
The last couple of posts were very helpful in knowing people understand. I too get on a soap box about how the justice system works. Yes the stigma attached to this kind of thing is criminal in itself. I should clarify that the case getting dismissed does not equal being found innocent, simply that there was not enough evidence or testimony to prosecute (my ex took the high road and didn't show up to speak against me in court). I have been up all night for the past two nights feeling in utter despair for my future all because of some boyfriend drama where I was naive enough to think I was doing the right thing. I just started recovering from the trauma of that incident and finding my path when I get rejected from every job for something that technically isn't supposed to affect me.

It's very depressing though to know you get fingerprinted the first year of doctoral training. Sounds like the kiss of death to me since the fingerprinting is usually for the FBI background check.
 
It's very depressing though to know you get fingerprinted the first year of doctoral training. Sounds like the kiss of death to me since the fingerprinting is usually for the FBI background check.

I second that. I had to get fingerprinting and full background check at several points in doctoral training. They required it at some unpaid practicum, then again for internship, and then for applying for licensure. If anything came up on my record, I doubt the sites would have allowed me to work there given that you even have to disclose minor arrests. My internship was contingent on passing a full background check and they asked about arrests/convictions, anything more than a minor traffic violation.
 
Depends on what, exactly, they're looking for - arrest vs. conviction. There are other types of license where a felony conviction will bar an individual from getting a license, but not an arrest - these vary from state to state, and license to license (real estate, CCW/CHL).

Here.

http://www.kspope.com/licensing/
 
I don't recall being fingerprinted at any point during grad school, so the background check my program run must've been a more cursory one.

I've since been fingerprinted for both internship and postdoc, though.

I know of people who've made it through training without significant difficulty who had convictions involving DUI, public intoxication, etc. I don't personally know of anyone with a felony arrest or conviction on their record, but I'd be surprised if there weren't at least a few folks out there who were licensed and practicing with prior felony charges and/or convictions, depending on the nature of the charge.
 
Also, I live in New York as well but I was more interested in applying to Vermont, just called the University of Vermont and they don't even ask about that kind of thing. I tried calling the board of review but they are all on vacation right now.
 
It's very depressing though to know you get fingerprinted the first year of doctoral training. Sounds like the kiss of death to me since the fingerprinting is usually for the FBI background check.

This was specific to my doctoral program in NYC where you begin your clinical training in the first year (a lot of programs start in the 2nd year). This is also specific to the externship site that I chose (which included working with the former prison population), and this site was funded by a state agency so they required the extensive screening. Most hospital sites will just run toxicology and health screening, but no fingerprinting. I can't remember off-hand what kind of background checks were done, but not as extensive as a government-funded program. I just added that the piece about my first-year externship for folks to be aware that it's important to stay clean and controversy-free as best you can.

However, APPIC applications (at the internship level) do inquire about the above-mentioned points (criminal convictions, etc.) so if your program accepted you, and you chose training sites that accepted you, then you will hit an impasse at the internship level, and then again, at the licensure level (for convictions). Again, it seems like none of us can advise about your specific case..and it's up to you to find out what an arrest record means for you...and then, maybe you'd be willing to come back & share what you found with us SDNers. ;)
 
Disorderly conduct is nothing, especially since you can get them for celebrating a little too "enthusiastically" when your school goes to the final four. Yes, I am speaking from experience, and no, it never precluded me from prac, internship, or licensing.
 
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Also, I live in New York as well but I was more interested in applying to Vermont, just called the University of Vermont and they don't even ask about that kind of thing. I tried calling the board of review but they are all on vacation right now.

Do you mean the board of psychology in Vermont, not board of review? Here is the contact info: http://vtprofessionals.org/opr1/psychologists/

I didn't know the board of psychology goes on vacation and shuts down for a couple of weeks. This is what happens when there is literally 1 employee working there. Whenever I've contacted the BOP in my state, nobody answers the phone and I believe there is only one employee handling everything (Tammy) because her name is on the answering machine. No wonder it takes them 6 months to process applications (assuming they don't lose anything). Sheesh.
 
Yeah, thats the number I called. It looks like from everyone's responses I'm kinda screwed on this...
 
Yeah, thats the number I called. It looks like from everyone's responses I'm kinda screwed on this...

I would not make that assumption.

1. It looks like a few posters in this thread thought that you had been convicted - that is very different from just being arrested. Yes, having a felony conviction will preclude you from licensure. You don't have a felony conviction, though. While I don't think that the boards should even have access to information about arrests that did not lead to conviction (though they often do have access to this info), I do think it's unlikely that having an arrest on your record would keep you from grad school, internship, licensure, etc.

2. Taken directly from the APPI: Have you ever been convicted of an offense against the law other than a minor traffic violation? and Have you ever been convicted of a felony? They don't ask about arrests. In fact, in terms of employment, there are at least a few states that explicitly forbid employers from asking about arrests (vs. convictions).

3. The mere fact that someone runs FBI background check doesn't mean that they will disqualify you based on an arrest. It just means that they will see the arrest. OP, it sounds like there are a few retail jobs you've applied for that didn't work out, but you don't know that it was based on the background check. I do think it's unfair that this information is so available, but I wouldn't assume that being fingerprinted = full background check = you don't get the job.

I second that. I had to get fingerprinting and full background check at several points in doctoral training. They required it at some unpaid practicum, then again for internship, and then for applying for licensure. If anything came up on my record, I doubt the sites would have allowed me to work there given that you even have to disclose minor arrests.
This is an assumption, not a fact. I get where you're coming from, because I've done all of those same checks in my career (including for the VA), but I'm concerned that the OP is stressing unnecessarily based on speculation in this thread. Not all background checks even turn up arrests. When they do, having an arrest or even a conviction on your record is not an automatic exclusion (see Erg's post).
 
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I do think that if it is between two candidates, the employer will choose the one without the record, and many posters have said their positions depended on a spotless background. Your post made me feel infinitely better though. I'm literally in absolute despair right now, and the hope to keep going for it even with possible trouble is the least depressing idea to focus on, so thank you.
 
I wouldn't want someone who had "Breaking and Entering with an Intent to Commit a Felony" arrest on their record.
 
I do think that if it is between two candidates, the employer will choose the one without the record, and many posters have said their positions depended on a spotless background. Your post made me feel infinitely better though. I'm literally in absolute despair right now, and the hope to keep going for it even with possible trouble is the least depressing idea to focus on, so thank you.

To be clear, after i matched for internship, my position was contingent on passing a criminal background check. I don't know exactly what "passing a background check" means in terms of arrests vs. convictions. Licensure laws for psychologists are under each state's jurisdiction. The only way to find out is to call/email the board and ask about your specific case. I would tell them exactly what the arrest and charge was for and that you weren't convicted. Better yet, get the response on paper via email.

I agree with you that "Breaking and Entering with an Intent to Commit a Felony" does not sound good, but maybe the licensing board will surprise us all.
 
"...but maybe the licensing board will surprise us all." Dear God *nervous laughter*
 
"...but maybe the licensing board will surprise us all." Dear God *nervous laughter*

If I may make a suggestion: it seems like this thread is doing more harm than good for you right now, and it might be best to just stop reading it for your own sanity.

None of us actually know the answer to your question. We can speculate, but ultimately, that's just speculation. Our opinions do not matter. One person has posted to say that they have gone through grad school, internship, postdoc, and licensure with a misdemeanor conviction. Another has posted that they know people with arrest records who were licensed with no problem. I myself have a colleague who has made it to postdoc with at least one arrest on record. To me, all of that sounds promising.

I also recommend that you speak with your attorney, if only to clear up some of your confusion about the basic facts here (was this a misdemeanor or a felony?). Your attorney may be able to give you a sense of how much you actually need to worry about this.

I repeat: the majority of posters in this thread (myself included) are just speculating based on our own assumptions. We don't actually know the answers, and you should not panic based on what we have to say.
 
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Yeah, you're right. I'm going to take a break from reading these posts
 
If I may make a suggestion: it seems like this thread is doing more harm than good for you right now, and it might be best to just stop reading it for your own sanity.

None of us actually know the answer to your question. We can speculate, but ultimately, that's just speculation. Our opinions do not matter. One person has posted to say that they have gone through grad school, internship, postdoc, and licensure with a misdemeanor conviction. Another has posted that they know people with arrest records who were licensed with no problem. I myself have a colleague who has made it to postdoc with at least one arrest on record. To me, all of that sounds promising.

I also recommend that you speak with your attorney, if only to clear up some of your confusion about the basic facts here (was this a misdemeanor or a felony?). Your attorney may be able to give you a sense of how much you actually need to worry about this.

I repeat: the majority of posters in this thread (myself included) are just speculating based on our own assumptions. We don't actually know the answers, and you should not panic based on what we have to say.

Again, it seems like none of us can advise about your specific case..and it's up to you to find out what an arrest record means for you...and then, maybe you'd be willing to come back & share what you found with us SDNers. ;)

That's exactly what I said... I agree, take a break and come back to us if you want. We're here for you in virtual space.

Good luck! :luck:
 
"Passing a background check" simply means that you do not lie about any convictions that were asked. I know several people who have passed background checks with felony convictions. I also know people who have felony convictions who work in prison settings (county/state) It simply means that you are up-front and honest about your past.

That said, a felony conviction can limit you but it does not exclusively disqualify you from practice or future employment. The most important variable is time....and the longer you have without a new offense the better off you are. It is also illegal in many states to ask about arrests that did not lead to conviction.

A felony conviction in and of itself should not disqualify someone for licensure if it is not related to the duties of the job. You might need to jump through extra hoops, so to speak, but a conviction should not act as an automatic disqualification. There are, in fact, many people who have their PhD's who are felons (not all in clinical psychology, though). I do think that if you are licensed and then commit a felony that you will lose your license (and not be able to have it restored).

If you are that concerned, you can always go to your state police and get a printout of your record to see what is there and what it looks like. You can also pay for a good background check through a private company.
 
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