Can I become a licensed psychologist with an arrest record?

[FadedC]

Just to give some more objective data, I recently got fingerprinted and went through a background check in NYC. Because I had read this thread, I paid special attention to exactly what questions were asked of me when I was filling out my forms. At no point did they ask if I was arrested in the past. They asked if I was convicted in the past, and they asked if I had any currently pending legal matters. But I would not have needed to report or explain anything if there was just an arrest with no conviction.

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[PHD12]

Just to give some more objective data, I recently got fingerprinted and went through a background check in NYC. Because I had read this thread, I paid special attention to exactly what questions were asked of me when I was filling out my forms. At no point did they ask if I was arrested in the past. They asked if I was convicted in the past, and they asked if I had any currently pending legal matters. But I would not have needed to report or explain anything if there was just an arrest with no conviction.

I also got fingerprinted for licensure. This goes through the FBI & DOJ. They will see all arrests + convictions, even if they don't ask for it. That's the point of a criminal background check. They do take your fingerprints because they are not basing everything on self-report. Here is the objective data:

http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

"An FBI Criminal Record History Report is the results of a fingerprint-based criminal records check conducted through the FBI's automated fingerprint information system. This report contains what is often referred to as a "rap sheet" or a listing of information retained by the FBI in connection to arrest information, such as agency name, date of arrest, the arrest charge, and the disposition of the arrest, if known by the FBI. "

You can request your own record if you want to see what is on it exactly.

Here is the information on livescan fingerprinting for licensure. Again, they specifically mention that they see arrest records: http://www.fieldprintfbi.com/FBISubPage_FullWidth.aspx?ChannelID=272

 

[FadedC]

Right, but the self report section is there so you can explain things on your record that would concern them. The fact that they don't bother asking you to explain arrests with no conviction strongly suggests that it is not something that concerns them.

I also got fingerprinted for licensure. This goes through the FBI & DOJ. My understanding is that they will see all arrests + convictions, even if they don't ask for it. That's the point of a criminal background check. They do take your fingerprints because they are not basing everything on self-report. Here is the objective data:

http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

If the fingerprints are related to an arrest, the Criminal History Summary includes name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in a Criminal History Summary is obtained from fingerprint submissions, disposition reports, and other information submitted by agencies having criminal justice responsibilities.

 

[PHD12]

Right, but the self report section is there so you can explain things on your record that would concern them. The fact that they don't bother asking you to explain arrests with no conviction strongly suggests that it is not something that concerns them.

I am not sure. Each state has their own procedures. In my state, they asked about anything above a minor traffic violation, and also asked to disclose misdemeanor offenses that were even dismissed. It says on my state's website that the FBI will send the record and they will determine whether the record is related to your practice as a psychologist.

By the way, in many states (CA incl) you can be denied licensure or get your licensure suspended if you have outstanding tax obligations too.

Even people with felony convictions though may be able to practice as lawyers. There was just an article about a law student with a felony conviction for armed bank robbery who just received a prestigious federal judicial clerkship: http://www.nytimes.com/2013/08/27/us/taking-a-second-chance-and-running-with-it.html

 

[AcronymAllergy]

All the wording that I remember seeing has always said, "...if you've ever been convicted of anything more than a minor traffic offense...", although I suppose some might replace "convicted" with "charged."

If it asks for convictions, then my personal opinion would be that you aren't required to report arrests, and that if such an arrest showed up, your having not discussed it shouldn't impact your chances.

 

[Mellitus]

Wow. I dont have any arrests ever, but I didnt realize a felony was a dealbreaker for licensure. OP, I'm sorry to hear that's the case.

Very interesting also because you would think a field such as clinical psychology would believe in the possibility of a person to change.

 

[PHD12]

Very interesting also because you would think a field such as clinical psychology would believe in the possibility of a person to change.

The Board of Psychology is exclusively geared towards protecting the public. That is the mission and purpose of the organization. They are not your friend. Even coming from a good APA program, APA internship, and formal postdoc setting, it is tough enough to get licensed if one document is missing or the supervision agreement from your postdoc is not signed before your start date. I know people whose application was rejected for licensure because the supervisor put down an incorrect date on the supervision agreement forms (they have to be filled out on the first day or the hours don't count in my state). So far my experience has been worse than dealing with the inefficiency you would expect from "communism." My state is taking 4-6 months right now just for the initial review of applications. It feels like i'm applying for a greencard, but worse because the 1 employee does not return phone calls or emails!

Anyhow, I don't know for sure that you can't get licensed in any state with a felony conviction. I haven't met any psychologists who are convicted felons or even had an arrest record, but people don't advertise these things so it is impossible to know. Hopefully, the OP will report back to us when he/she finds out.

 

[LETSGONYR]

I'm not sure if you're dead set on getting a doctoral degree in psychology, but licensure boards in other mental health fields (e.g. social work, mental health counseling) might have different requirements. I know many drug/addiction counselors are former addicts, and I wouldn't be surprised if many had a legal history.

Worth checking out if you are interested in that type of work, too.

 

[FadedC]

The OP isn't a convicted felon though. She just has an arrest with no charges. That's an extremely big difference, as it does not necessarily indicate any form of wrong doing.

Anyhow, I don't know for sure that you can't get licensed in any state with a felony conviction. I haven't met any psychologists who are convicted felons or even had an arrest record, but people don't advertise these things so it is impossible to know. Hopefully, the OP will report back to us when he/she finds out.

 

[michaelrack]

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.

There are different levels of background checks, and what you get from the state police may not be complete.

 

[hunter123]

Yes, there are different levels of background checks but it is not hard to find out that it is even possible to request a report from the FBI directly: http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks

The OP should probably obtain a copy of the arrest report from the arresting agency as well. If it is the arrest that is disqualifying the OP from employment, the OP should obtain as many reports as possible (local, state, federal) to see what information is available.

 

[Tyler Phoenix]

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?

I am a LAWYER. There is some information you are missing here. The old definition of "breaking and entering" as a felony USED to include "breaking into a DWELLING with the intent to commit a felony" and it also USED to include
"AT NIGHT". Obviously, this is not an all-inclusive definition and was, logically, changed. However, not every state changed it the same way, and part of the old definition may remain in some states OR this person was charged under an older definition. To assume that someone's "story doesn't add up" should be a determination made by law enforcement professionals, as you can see how easily a layperson can assume that someone is lying and jump to possibly erroneous conclusions. Furthermore, not every state prohibits one from becoming a psychologist (or a lawyer) on the basis of a felony alone. Some states will take into consideration mitigating circumstances, the length of time since the felony, and/or the nature of the felony. Felonies that affect your ability to perform your job without risking public safety (such as a drug conviction for a psychologist or a crime of moral turpitude [lying, stealing, cheating, dishonesty] for a lawyer) will likely prohibit your entry into these professions. Check with your state licensing board, or with the licensing board of other states that may permit you to practice your chosen profession before applying. Finally, it is the FBI and DOJ that keep the extensive records on an individual's criminal history, and thus you do not need to commit a federal felony to be in the FBI and DOJ records.

 

[ErnestE]

Don't get discouraged keep perusing your dreams. I have a couple of friend convicted of drug felonies in the past over 10 years ago here in Texas. One is a doctor, one is a psychologist, and the other a lawyer. They're all licensed. If they can do it you can too.

 

[LAPsyGuy]

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.

I passed this by my lawyer friend (criminal defense), and she said arrests cannot legally inform hiring decisions. Only convictions have that power. She explained that arrests are OFTEN due to being in the wrong place at the wrong time, for instance in a riot, near a murder scene, etc. Definitely call the board, but, if you don't have a conviction you don't have an actionable legal history.

 

[AcronymAllergy]

I passed this by my lawyer friend (criminal defense), and she said background checks cannot legally inform hiring decisions. Only convictions have that power. She explained that arrests are OFTEN due to being in the wrong place at the wrong time, for instance in a riot, near a murder scene, etc. Definitely call the board, but, if you don't have a conviction you don't have an actionable legal history.

Speaking to this, every application and piece of hiring or licensing paperwork I can remember filling out has always said, "have you ever been convicted of _____" (usually felony, or any crime other than a minor traffic offense such as tickets speeding or illegally parking).

 

[OneNeuroDoctor]

Probably consulting a lawyer is best practice.

 

[bmedclinic]

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

So this makes me wonder about two related things:
1) Do Internships do background checks? I assumed the VA did ones, but it was never brought up.
2) If a licensed psychologist gets a felony (I'm not planning to get a felony) do they lose their license? I'm sure that at that point, my licensure status is the least of my concerns? Just curious.

 

[WisNeuro]

So this makes me wonder about two related things:
1) Do Internships do background checks? I assumed the VA did ones, but it was never brought up.
2) If a licensed psychologist gets a felony (I'm not planning to get a felony) do they lose their license? I'm sure that at that point, my licensure status is the least of my concerns? Just curious.

1) The VA's do. Anyone with higher level pt contact needs one
2) If the felony can be construed as impairing that person's ability to do their licensed job, they can lose their license. Seems to be a state board discretion thing based on some of the language I've seen.

 

[BuckeyeLove]

My state is taking 4-6 months right now just for the initial review of applications

This is outrageously long. Cali?

 

[Lyra33]

I know that many internships do background checks. At multiple state hospitals where I applied, they either fingerprinted us at the interview or informed us we would have to pass a fingerprint/background check when we were hired. There is a big controversy with the licensure board in Alaska right now, because the board wants to start requiring people to get fingerprinted when they renew their license. I'm not sure if other states do this.
One of my friends in grad school mentioned that at an internship interview she had with a federal prison, one of the other applicants disclosed that she had had a DUI conviction many years previously. This individual had gotten as far as internship with that on her record. But again, I agree with everyone else, and contact places where you would like to be licensed/work.

 

[ErnestE]

This is for State of Texas might be similar in other states. You can always call the licensing board helpline and they can give you career direction advise. If you want to go into R&D or work for the government in most cases you don't need a license.

Information for Persons with Criminal Backgrounds Requesting a Preliminary Evaluation of Licensure Eligibility. Board rule 469.7 allows the Texas State Board of Examiners of Psychologists to provide a preliminary evaluation of a person’s criminal background to determine if the background would prevent them from obtaining licensure with this Board. The person is required to complete an evaluation application, submit a fee and supporting documentation, and obtain a fingerprint criminal history record check in order for the Board to conduct this evaluation. An application packet for a criminal history evaluation of licensure eligibility is available at no cost by submitting a written request to the Enforcement Division of the Texas State Board of Examiners of Psychologists. Board rule 469.7 Persons with Criminal Backgrounds. (a) The Board may revoke or suspend an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license due to a felony or misdemeanor conviction if the offense directly relates to the performance of the activities of a licensee and the conviction directly affects such person's present fitness to perform as a licensee of this Board. (b) Criminal History Evaluation Letters: (1) In compliance with Chapter 53 of the Texas Occupations Code, the Board will provide criminal history evaluation letters. (2) A person may request the Board to provide a criminal history evaluation letter if the person is planning to enroll or is enrolled in an educational program that prepares the person for a license with this Board and the person has reason to believe that the person is ineligible for licensure due to a conviction or deferred adjudication for a felony or misdemeanor offense. (3) The requestor must submit to the Board a completed Board application form requesting an evaluation letter, the required fee, and certified copies of court documentation about all convictions and resolution to the Board. (4) Before submitting the application the requestor must obtain a fingerprint criminal history record check and have it mailed directly to the Board. (5) The Board has the authority to investigate a request for a criminal history evaluation letter and may require that the requestor provide additional information about the convictions and other dispositions if requested by the Board. (6) The Board will provide a written response to the requestor within 90 days of the Board’s receipt of the request, unless a more extensive investigation is required or the requestor fails to comply with a Board investigation. The Board’s evaluation letter will state the Board’s determination on each ground for potential ineligibility presented by the requestor. (7) In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board’s ruling on the request determines the requestor’s eligibility only with respect to the grounds for potential ineligibility set out in the letter. (c) The Board shall revoke an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license due to a felony conviction under Section 35A.02 of the Texas Penal Code, concerning Medicaid fraud. (d) No person currently serving a sentence in prison for a felony is eligible to obtain or renew his/her license. (e) In determining whether a criminal conviction directly relates to the performance of a licensee, the Board shall consider the factors listed in the Texas Occupations Code, Chapter 53. (f) Those crimes which the Board considers as directly related to the performance of a licensee include but are not limited to: (1) a misdemeanor and/or felony offense under the following titles of the Texas Penal Code: (A) Title 5, pertaining to offenses against the person (for example, homicide, kidnapping, sexual offenses, and assaultive offenses); (B) Title 7, pertaining to offenses against property (for example, arson, robbery, burglary, theft, fraud, money laundering, and insurance fraud); (C) Title 8, pertaining to offenses against public administration (for example, bribery, perjury, and obstruction of justice); (D) Title 9, pertaining to offenses against public order and decency (for example, disorderly conduct and public indecency); (E) Title 10, pertaining to offenses against public health and safety (for example, weapons offenses, gambling, and intoxication offenses); and (F) Title 4, pertaining to the offenses of attempting or conspiring to commit the offenses listed in subsections (a) - (e) of this section. (2) any criminal violation of the Psychologists' Licensing Act or other statutes regulating or pertaining to the profession of psychology; (3) any criminal violation of statutes regulating other professions in the healing arts, which includes, but is not limited to medicine and nursing; (4) any crime involving moral turpitude; (5) any offense involving the failure to report abuse; (6) any state or federal drug offense, including violations of the Controlled Substances and Dangerous Drugs Act; and (7) any other misdemeanor or felony that the Board may consider in order to promote the public safety and welfare, as well as the intent of the Act and these rules. (g) In determining whether a criminal conviction directly affects present fitness of the licensee, the Board shall consider the factors listed in Texas Occupations Code, Section 53.023. (h) It shall be the responsibility of the licensee to secure and provide to the Board the recommendations of the prosecution, law enforcement, and correctional authorities regarding all criminal offenses. (i) The licensee shall also furnish proof in such form as may be required by the Board that he/she maintained a record of steady employment and has supported his/her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in all criminal cases in which he/she has been convicted.

 

[Existenz]

I know that many internships do background checks. At multiple state hospitals where I applied, they either fingerprinted us at the interview or informed us we would have to pass a fingerprint/background check when we were hired. There is a big controversy with the licensure board in Alaska right now, because the board wants to start requiring people to get fingerprinted when they renew their license. I'm not sure if other states do this.
One of my friends in grad school mentioned that at an internship interview she had with a federal prison, one of the other applicants disclosed that she had had a DUI conviction many years previously. This individual had gotten as far as internship with that on her record. But again, I agree with everyone else, and contact places where you would like to be licensed/work.

I'd imagine if Alaska got more stringent, they'd have an even harder time recruiting.

 

[463951]

So this makes me wonder about two related things:
1) Do Internships do background checks? I assumed the VA did ones, but it was never brought up.
2) If a licensed psychologist gets a felony (I'm not planning to get a felony) do they lose their license? I'm sure that at that point, my licensure status is the least of my concerns? Just curious.

Both my internship and my post-doc ran a background check on me, I had to do fingerprinting, and I had to take drug tests (state hospitals).