I know all schools do background checks but I am curious to know which ones use fingerprints for an FBI background check. I have an expunge juvenile felony that my attorney advised me not to disclose to medical schools, but I am wondering what my chances are of getting hit with an FBI background check during my time as a student.
MD & DO Anyone have to get fingerprinted for matriculation or rotations?
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If your school rotates at a VA hospital, it will happen, definitely. Otherwise, not as sure. Either way, OP, you should follow the advice that was given to you previously in other threads. It's not a question of disclosure, it's a question of answering what questions you have been asked truthfully. (which if I read your previous thread correctly, you did not).
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In addition to VA hospitals requiring them, some states will require you to be fingerprinted if you're working with at risk pediatric patients. I had to get fingerprinted before I was able to work at a child psych hospital because of this. I'm not sure if this varies from state to state, but there are some rotations that require it.
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Ep, VA work done in the first year.
Correct. I did not answer truthfully but I am a bit confused because my attorney advised me not to disclose it. At this point, I am just trying to figure out which will hurt worse, contacting my schools about my expunged felony or just trying to avoid any FBI background checks during my rotations. I really seem to be getting a mix of answers on here and I'm not sure what to do. I know it's best to listen to an attorney in this case but my attorney's advice is what I'm worried will get me expelled halfway through my degree.
Are VA rotations required for some schools? Would it be possible for me to avoid VA schools and at risk pediatric rotations?
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I agree that if you are at the VA it could very well pop up
as far as what happens at the VA and if they inform your medical school - I don't know
possibly they take no action
I would follow the advice from your attorney - in general medical schools can kick you out for anything, they tend to have pretty broad powers legally speaking
however, and it varies by state law, some states have laws in place to protect people regarding their expungements (otherwise an expungement would be pretty meaningless)
for example, my state made it pretty clear that it was legal to answer "no" to all questions regarding whether or not an expunged offense existed
moreover, it also banned anyone such as an employer or school from using it against you
of course, one state's laws regarding expungement only apply to that state, not to others
however, some states have laws that also recognize expungements from other states
I would also check whether or not the fact that it is a felony offense that was expunged, makes a difference
basically, the easy answer, which you can always find on SDN, is "honesty" even if it totally ****s you
the more complicated answer is that you can invoke your legal rights, and still be ****ed by the system, especially the medical one which very often sees itself above the law
if you answer no within your rights, and your medical school objects, assuming the relevant laws are on your side, you could fight
will you win? I don't know. I suspect this is why most will tell you just to be "honest" and hope that you avoid trouble down the road, even if it brings trouble you might have avoided upfront
possibly if the prior offense prevents you from rotating at a VA, that would be grounds for a medical school to dismiss you without it being about holding an expunged record against you directly
again, I would check with an attorney about all the points made in this thread
definitely find out how this would play out at a VA if your school has you rotate with one
some away rotations at other institutions will also make you go through the VA process if they are affiliated, even if the plan is to never have you step foot in one
it sort of behooves you to sort all this out
as far as what happens at the VA and if they inform your medical school - I don't know
possibly they take no action
I would follow the advice from your attorney - in general medical schools can kick you out for anything, they tend to have pretty broad powers legally speaking
however, and it varies by state law, some states have laws in place to protect people regarding their expungements (otherwise an expungement would be pretty meaningless)
for example, my state made it pretty clear that it was legal to answer "no" to all questions regarding whether or not an expunged offense existed
moreover, it also banned anyone such as an employer or school from using it against you
of course, one state's laws regarding expungement only apply to that state, not to others
however, some states have laws that also recognize expungements from other states
I would also check whether or not the fact that it is a felony offense that was expunged, makes a difference
basically, the easy answer, which you can always find on SDN, is "honesty" even if it totally ****s you
the more complicated answer is that you can invoke your legal rights, and still be ****ed by the system, especially the medical one which very often sees itself above the law
if you answer no within your rights, and your medical school objects, assuming the relevant laws are on your side, you could fight
will you win? I don't know. I suspect this is why most will tell you just to be "honest" and hope that you avoid trouble down the road, even if it brings trouble you might have avoided upfront
possibly if the prior offense prevents you from rotating at a VA, that would be grounds for a medical school to dismiss you without it being about holding an expunged record against you directly
again, I would check with an attorney about all the points made in this thread
definitely find out how this would play out at a VA if your school has you rotate with one
some away rotations at other institutions will also make you go through the VA process if they are affiliated, even if the plan is to never have you step foot in one
it sort of behooves you to sort all this out
I really appreciate the in-depth reply!
I guess I should seek out a medical (school?) lawyer since the attorney I contacted last year was a criminal lawyer. I guess my big question is, what would a school do if an applicant said they had not been arrested on their app, and then an expunged arrest was uncovered during rotations. Is that an automatic expulsion? Also, would an expunged juvenile felony prevent from me from rotating at a VA hospital?
I am getting a same-day FBI background check done by NBCI Monday so hopefully I'll see what actually happened with my case since the attorney and courthouse are not finding the case.
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I think it's serious/complex enough that you should try to find a lawyer with experience working with physicians, maybe with medical boards or something else similar if not med students specifically.
Could you try anonymously contacting someone at that VA site to find out their policy? Or maybe a different VA site in your state so that you don't set off any suspicion by asking?
If the school is allowed to expel, I worry that they might if they find out you lied and aren't legally "protected." It's a big risk to disclose this late in the game. I know my school kicked someone out a few weeks into M1 for lying about shadowing someone he never met. Hiding an arrest might be seen as a similar or worse offense.
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My school requires FBI fingerprint checks annually (which is overkill but that's another story) for the clinical years. I wouldn't count on this being a VA-only thing.
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Interesting. My lawyer told me the exact opposite. She told me for medical schools, I should always disclose. Even if it's expunged/non-convicted/dismissed. She said that this is an issue of knowledge vs. wisdom: "A knowledgeable lawyer will tell you that legally you don't need to tell medical schools. A wise lawyer will tell you that this is not really a legal issue, and to disclose everything." Virtually every medical admission counselor I've talked to agrees.
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not a bad point
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to me, what's different here is the fact it was a felony offense
I know someone who had a misdemeanor juvey thing expunged, they answered no on all apps re: offenses, and from that point forward has NO problems with background checks, med schools, away rotations, the intensive homeland security inspired VA checks, ERAS, residency, or state medical licensing
N = 1, and since the expunged record never came up, they can't really say what would have happened if it had, or were a felony offense
in hindsight, I think it makes a difference that the state cultures they were in, were more laidback, so if it had come up, I think they could have easily wiggled around it, given what the laws stated re: the offense
I know someone who had a misdemeanor juvey thing expunged, they answered no on all apps re: offenses, and from that point forward has NO problems with background checks, med schools, away rotations, the intensive homeland security inspired VA checks, ERAS, residency, or state medical licensing
N = 1, and since the expunged record never came up, they can't really say what would have happened if it had, or were a felony offense
in hindsight, I think it makes a difference that the state cultures they were in, were more laidback, so if it had come up, I think they could have easily wiggled around it, given what the laws stated re: the offense
