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Felony arrest?

Discussion in 'Osteopathic' started by dinho75, Apr 23, 2009.

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  1. dinho75

    dinho75

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    I have a felony arrest for possession of a controlled substance and a misdemeanor arrest for shoplifting from 15 years ago (two separate incidents). Basically, I was a dumb 19 year old who had fallen in with the wrong crowd. In exchange for pleading no contest and doing some probation, conviction was withheld in both cases. I had the record sealed for the felony arrest. Will this keep me out of med school or from being licensed? Should I disclose the felony arrest even though it is sealed?
  2. rddoms

    rddoms

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    I would anonymously call some schools that you are interested in, then talk to a lawyer. If there were no convictions, you should be ok (I am assuming that you aren't a felon because of the possession offense). Two things are in your favor: there has been a lot of time between then and now, and the offenses weren't violent. Call the schools anonymously, and see what they say regarding disclosure. It is better to be safe, rather than sorry.

    If the schools tell you to disclose the info, you will have a bit of explaining to do. But if you can get licensed as a physician, and you show a positive change since then, you should be ok.

    Good luck!
  3. FlaMedic

    FlaMedic

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    No don't mention it. The primary app asks for felony or misdemeanor convictions only. If you don't have any, then check no. Case closed.

    Don't call schools, don't bring it up and don't worry about it.
  4. bigDinLV

    bigDinLV

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    get a copy of your record from the FBI and see what exactly shows up, if anything. If that comes back clean and doesn't even show arrests you should be alright.
  5. rddoms

    rddoms

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    Agreed.
  6. dinho75

    dinho75

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    Thanks for all the feedback. I am not so much worried about med school as I am about getting licensed. All the state medical license applications that I've looked at ask specifically if you have ever been arrested or charged for a misdemeanor or felony. I would hate to sink all that money and time into a medical education only to not be able to get a license.

    In the worst case scenario that it did show up on an FBI check, do you think it would, in general, keep me from getting a license? Thanks!
  7. slick27

    slick27 controversial

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    Arrests show up on background checks regardless of conviction or not. I'd contact a lawyer and bring the application to what he/she would advise.


    Actually I don't know if this is true. I do know that arrests will show up.
  8. rddoms

    rddoms

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    Look at it this way, a school will not accept you (let you begin school) if you can't get licensed, hence the background checks. State medical boards ask those types of questions to protect the patients, but answering yes doesn't automatically bar you from licensed. S*** happens, but you never know until you try.
  9. JaggerPlate

    JaggerPlate

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    It's all going to show up at some point in time. Don't try to hide it, it will screw you over. However, in the same sense ... just answer the questions you're asked. If a question asks 'have you ever been CONVICTED of a felony/misdemeanor?' You answer 'no.' You don't answer 'No, but I have been arrested and charged with multiple offenses.' See what I mean. If you answer honestly and they find something ... it means it wasn't something they were trying to poke at, and there really isn't anything to do about it. From what I can tell about licensing, you have to list EVERYTHING. The time you got a referral in elementary school for fighting, your MIP in college, etc. However, just because they ask for something doesn't mean you're going to be rejected ... they just want to know. Also, med schools ask their questions to make sure you can get licensed. This means that if you pass there, you should be fine for license.

    HOWEVER, this is all moot because the only person you should be discussing this with is a lawyer certified in the state you had the issues in/the state of the med schools (probably easier for the first). Explain everything, only take their advice ... it's what they're around for.
  10. FlaMedic

    FlaMedic

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    Jagger is right. When you go before the board they will ask everything under the sun and more.

    The likelihood that you will be denied a medical license after completing 4 years of med school and 1st year of res/internship is highly un-likely. I'd like to see an example of when this ever happened.

    Unless of course you have felonies for violent crimes, sex crimes, drug dealing or something like that. I think it's mainly a CYA issue for the boards just so they can show that they asked everything. If it's mainly BS when you were young or several years previous, you will not have a problem. Denying someone a medical license after all that time, money and effort is a huge deal and would lead to many costly lawsuits that they would lose anyway....
  11. danzman

    danzman The Ace of Spades

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    SWIM had a similar situation come up. He was told explicitly by his attorney to never bring any of this up to anyone, as no medical boards would look at a juvenile record and it would only cause discrimination. The only difference what that he was a minor (under 18.)

    When I was applying to schools this became something of an interest to me. I looked into what the AMA had to say about it, and their claim was that they were worried about only a few key offenses, namely previous drug charges, assault of someone under your care, especially sexual, and violent convictions. During our first month of class, they made us all get background checks. This created a lot of worry among students who had previous minor offenses and DUI’s. Eventually, the head of the department came and told us that they were only looking back five or six years, only at adult records, and that any minor offenses would have to be explained in an essay. I never heard of anyone having an issue with it.

    I would speak to an attorney about the ability of state medical boards to look at your record, but I doubt that a medical school will find it if it was only an arrest. Also, without a conviction you will probably have little trouble gaining a license (courtesy of my friends in law school living next door…)
  12. FlaMedic

    FlaMedic

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    Here are the questions addressing criminal hx (arrest/convictions), etc. from the Florida Department of Health Application for un-restricted medical license. Document can be found here:

    http://www.doh.state.fl.us/mqa/MEDICAL/ap_me1501.pdf

    30. ​
    Have you ever been convicted of, or entered a plea of guilty, nolo contendere,or no contest to any crime in any jurisdiction other than a minor traffic offense?
    You must include all misdemeanors and felonies even if adjudication was withheld
    by the court so that you would not have a record of conviction. Driving under the
    influence or driving while impaired is not a minor traffic offense for purposes of this

    question.

    31. ​
    Have you ever been arrested or criminally or civilly charged with any intentional or
    negligent action related to the use or misuse of drugs, alcohol, or illegal chemical

    substances?
  13. DOEMguy78

    DOEMguy78

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    Hey dinho, I actually just started my account because I wanted to respond to your question. I have personal experience very similiar to yours and I am soon to be a 4th year medical student, so obviously getting into school is possible with your record. Also, it makes sense when people say a school wouldnt let you in unless they know you could get licensed but I have heard that this isnt necessarily the case. The schools do their background checks to make sure the hospitals you will rotate at in your 3rd and 4th year will allow you to work there. We had a lawyer during a medical jurisprudence class even speak specifically of this subject. What he said, and I would agree, is to disclose everything they ask you to. Just as was mentioned in a previous post, if they ask for convictions then say no, if arrests then be totally honest. The lawyer said he has seen people with drug dealing offenses get licensed and people with simple possession charges denied simply because they werent honest. I wish I was done with school and licensed at this point so I could give you more encouragement that this is possible from personal experience, but I also have my worries about the subject. However, Ive heard and read alot of encouraging information that leads me to believe if you are honest and it has been a long time since these offenses, you should be alright. Hope this helps.
  14. dyk343

    dyk343

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    some charges can be supinated... the charges do not show up on background checks, but are still visible to some state professionals (police, judges, etc, etc--not sure about state schools). I was told after a supination from my record that i should still disclose that i was charged with a crime even though it is "in-visible" but its worth looking into
  15. ckr0615

    ckr0615

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    Hey, did you ever get accepted into medical school.
  16. costales

    costales

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    Here:

  17. ManBroDude

    ManBroDude Half man, half bearpig

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    Withdrawals must be a b**** :laugh:

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