applying residency with trespassing misdemeanor case expunged.

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.
K

kittyle82

Full Member
2+ Year Member
Joined
Mar 4, 2019
Messages
12
Reaction score
0
Members don't see this ad.
Hi guys,
I do not know if this is the correct place to ask but i did not know where to post it.
I have a misdemeanor conviction (trespassing) 4 years ago that was expunged. I am applying next september to the residency and honestly i do not know how to preceed in the ERAS application and then residency paperwork. I know that for the state license i have to disclose it, but my question is in ERAS and hospital paperwork. Anyone was or know someone who was in this situation. Also I do not know what type of attorney i should consult.

Thanks in advance!
 
I'm not by any means a lawyer...but....

Wouldn't the fact that it's expunged remove it from you record entirely, meaning it would not show up on background checks?

If I were you, I would just consult a lawyer. Not having to disclose it AT ALL is the best scenario.

I think the type of lawyer to consult would depend on if it is a criminal or civil trespassing charge, if it's a misdemeanor, its likely criminal, therefore a criminal defense lawyer?
 
Last edited:
samac said:
Bad place for legal advice. Seriously, this is your career and you'd be best served consulting a lawyer.
Click to expand...
I will consult with a lawyer, I am just asking here maybe if someone was in this same situation and what he/she did.
 
OnePunchBiopsy said:
I'm not by any means a lawyer...but....

Wouldn't the fact that it's expunged remove it from you record entirely, meaning it would not show up on background checks?

If I were you, I would just consult a lawyer. Not having to disclose it AT ALL is the best scenario.

I think the type of lawyer to consult would depend on if it is a criminal or civil trespassing charge, if it's a misdemeanor, its likely criminal, therefore a criminal defense lawyer?
Click to expand...


Thank you.. I will try to consult one.
 
They ask if you were convicted or pled guilty to a crime. you were not. you can answer no.
 
as long as it was expunged and not some state variant of it like sealed, closed, etc then you can say no
 
washboardEarth said:
as long as it was expunged and not some state variant of it like sealed, closed, etc then you can say no
Click to expand...
That’s what I think ... I’ll make consult with attorney. This anxiety will kill me

thank you
 
My advice: You should put this on your application, either in the misdemeanor section or in the "any possible problems with licensing" section. Explain very briefly what it was, and that it's expunged.

A lawyer will tell you not to list it, because "legally" that's OK. The problem is that you will end up declaring it when you apply for a training license, or when you apply for VA privileges. Then you'll be stuck explaining why you didn't put it on your ERAS app.

If you list it on your app with a reasonable explanation, no one will care.

There's no "worry free" option. You can either list it and worry that people won't interview you because of it, or you won't list it and then be worried it will cause a problem in licensing. But you're really worried about nothing.
 
dont listen to people telling you to list it. people filter by this stuff. if it was expunged and wasnt a drug or sex crime youre fine for licensing. i had a drinking IA in college and listened to their advice to list it on amcas even though it didn't show up on any of my records and it sunk me,
 
washboardEarth said:
dont listen to people telling you to list it. people filter by this stuff. if it was expunged and wasnt a drug or sex crime youre fine for licensing. i had a drinking IA in college and listened to their advice to list it on amcas even though it didn't show up on any of my records and it sunk me,
Click to expand...
That is different than hospital privileging checks that get run. It is better to be upfront about it , rather than it come up later and they kick you out for not appropriately disclosing.
 
For what it's worth I had an extraordinarily minor "misdemeanor" that I listed on ERAS out of an abundance of honesty. It came up at maybe two interviews as a joke and didn't get my screened out or anything like that. I think it's better to be upfront at this stage rather than stress about what might happen if you don't say anything and then you have to explain it after you match, getting licensed, etc.
 
yeah well to say No to any future problems with licensing when having an expunged case is reasonable and would not be looked at negatively. there are people with DUI convictions who say no and later run into trouble. this case is not one of those. programs have thousands of applicants for 3-20 spots and i assure you plenty of programs do not bother to read the explanation and just filter out anybody who answers yes. also expunged cases delete any backround check results.
 
washboardEarth said:
dont listen to people telling you to list it. people filter by this stuff. if it was expunged and wasnt a drug or sex crime youre fine for licensing. i had a drinking IA in college and listened to their advice to list it on amcas even though it didn't show up on any of my records and it sunk me,
Click to expand...

What makes you think it sunk you? Did an admissions officer explicitly tell you that? For what it's worth, omitting it would have been unethical and dishonest since you are signing that everything listed is true and correct.

Edit to clarify: My comment is specifically regarding @washboardEarth's 'sunk' comment above on the AMCAS application, NOT for @OP regarding their question on the ERAS application. To OP, specifics regarding expungement are particular to the individual states, so expungment of a criminal offense in California may be very different from expungement of a civil offense in Texas. In some states, it's a complete "Never happened" so (provided the expungement went through completely - VERIFY this!) you would not need to disclose it unless the instructions explicitly state that you should disclose even expunged items. Check with the right kind of attorney in the state where it happened.
 
Last edited:
DokterMom said:
What makes you think it sunk you? Did an admissions officer explicitly tell you that? For what it's worth, omitting it would have been unethical and dishonest since you are signing that everything listed is true and correct.
Click to expand...
Yeah, I had an alcohol IA and no issues here.
 
washboardEarth said:
yeah well to say No to any future problems with licensing when having an expunged case is reasonable and would not be looked at negatively. there are people with DUI convictions who say no and later run into trouble. this case is not one of those. programs have thousands of applicants for 3-20 spots and i assure you plenty of programs do not bother to read the explanation and just filter out anybody who answers yes. also expunged cases delete any backround check results.
Click to expand...

I think we all agree that these minor old issues are really not a problem. I think it's simpler to just disclose them, but I see the argument both ways.

I think your problems probably had more to do with slacking off, rather than what you put for a misdemeanor.

Even expunged cases tend to show up on the background checks done by the VA.
 
Thank you guys for the input...
it’s not slacking off, I’m just trying to see what it’s the best way to go through this .. I was able to get jobs where they run background checks but privately and everything was ok.. I believe residency run privately.. but the problem is if the work with VA and also most of states ask for state limited license to start residency if I’m not wrong, then I’d have to disclose it..
I feel if I disclose it in Eras I won’t get ivs since I’m IMG and my scores are that good..
what stressful situation
 
I don't know a lot about law, but I do know there should be attorneys who specialize in similar kinds of things for physicians. Definitely consult one of those before following any advice here.
 
So this whole deleting troll posts thing is relatively new eh? I’ve had a lot of posts removed or edited recently.
Can we not just continue to ban them so whole conversations aren’t removed because they’re deemed a troll?
 
aProgDirector said:
I think we all agree that these minor old issues are really not a problem. I think it's simpler to just disclose them, but I see the argument both ways.

I think your problems probably had more to do with slacking off, rather than what you put for a misdemeanor.

Even expunged cases tend to show up on the background checks done by the VA.
Click to expand...

M3 here. I had a 2nd degree misdemeanor when I was 17. I plead no contest and therefore was not convicted. Since then, I have always answered questions truthfully even though it has never shown up on my background checks. If I’m not sure the question applies, I disclose. But if it’s clear I don’t have to, I don’t. I can’t see ERAS yet, but based on seeing the wording here and other searches, wouldn’t I be able to say “no” to both “1: misdemeanor convictions” and “2: any problem with licensing”? Since for question 1, it wasn’t a conviction, and for question 2, it never shows up on background checks, I’m already a license RN in my state, and it’s not a disqualifying type of crime?
 
The simplest thing to do is list it as a misdemeanor, explain as above. No one will care, at all, and then you don't have to worry about it. My very simplistic understanding of the law is that pleading no contest = a conviction, but many of these issues as a minor automatically clear from your record after a period of time. But it's your choice.
 
aProgDirector said:
The simplest thing to do is list it as a misdemeanor, explain as above. No one will care, at all, and then you don't have to worry about it. My very simplistic understanding of the law is that pleading no contest = a conviction, but many of these issues as a minor automatically clear from your record after a period of time. But it's your choice.
Click to expand...

I guess I should have clarified that when I plead no contest adjudication was withheld by the judge, which is the important part. I was specifically not convicted by successfully completing 3 months of probation.

What is a Withhold of Adjudication?
A "Withhold" is a special sentence in which the judge orders probation but does not formally convict the defendant of a criminal offense. Florida Statute s. 948.01 vests Florida judges with the authority to withhold adjudication after the judge imposes a probation sentence. Florida Statute s. 948.04 states that at the conclusion of the probation sentence the judge must release the defendant from probation without any additional sentence for the underlying offense. A withhold of adjudication is not a conviction.

Therefore, the defendant avoids the negative consequences that result from a criminal conviction. And the court avoids the time and expense of adjudication. The withhold of adjudication essentially forgives individuals for uncharacteristic behavior. The withhold of adjudication allows the defendant "one free bite at the apple" to avoid the stigma of a criminal conviction on his or her record.
 
HI guys,

I decided to disclose it, now should I also answer yes to the question: Is there anything in your past history that would limit your ability to be licensed or would limit your ability to receive hospital privileges?.




Thank you
 
the first part is getting in to med school but the lcensing you need to get through is its own beast
 
I can't imagine a residency program caring about a trespassing misdemeanor, unless it was part of a pattern of stalking. Ditto for medical licensing.
 
You must log in or register to reply here.

Similar threads

W
  • Question Question
Residency/Fellowship outlook with expunged misdemeanor charges
Replies
1
Views
2K
GoSpursGo
GoSpursGo
M
Any other MS4s struggling with residency prestige vs fit with their rank lists?
Replies
6
Views
2K
Maybedoc1
M
thetimegoeson
Residency chances with failed Step 1
Replies
4
Views
5K
Med Ed
Med Ed
I
Applying to residency and fellowship simultaneously
Replies
2
Views
2K
mrbreakfast
M
StrugglingMedStudent987
MD Anesthesia Residency Application
Replies
1
Views
1K
IlDestriero
IlDestriero
Top