Other applying to residency with expunged misdemeanor

[kittyle82]

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. I know that for the state license i have to disclose it, but my question is in ERAS. 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!

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[atillius]

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. I know that for the state license i have to disclose it, but my question is in ERAS. 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!

Disclose it. No sense in trying to conceal something like that. If you conceal it, and someone hears gets wind of it, you put yourself at risk in the future.


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[RhesusPuffs]

Disclose it. No sense in trying to conceal something like that. If you conceal it, and someone hears gets wind of it, you put yourself at risk in the future.


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Wrong. Expunged: removed from record. There is no legal reason to disclose this.

 

[atillius]

Wrong. Expunged: removed from record. There is no legal reason to disclose this.

Legally you are correct. What's ethical is a different story.


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[EyeGuy15]

I was in this exact situation many years ago. For "trespassing" as well. It was expunged. Doesn't exist. Do NOT have to disclose it. EXPUNGED. In addition, I know A LOT of people who had various misdemeanors (college/medical school) for a variety of things (worse than trespassing IMO) that never had issues. I am pretty sure some of them were not even expunged. As far as I know, felonies are all that matters when it comes to ERAS.

PM me if questions.

 

[RhesusPuffs]

Legally you are correct. What's ethical is a different story.


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Ethically, no program is allowed to ask about expunged misdemeanors.

 

[bubs19]

I was in this exact situation many years ago. For "trespassing" as well. It was expunged. Doesn't exist. Do NOT have to disclose it. EXPUNGED. In addition, I know A LOT of people who had various misdemeanors (college/medical school) for a variety of things (worse than trespassing IMO) that never had issues. I am pretty sure some of them were not even expunged. As far as I know, felonies are all that matters when it comes to ERAS.

PM me if questions.

Agreed, expunged means it doesn't exist, and there's no court record of it, it won't show up on a background check and you don't need to disclose it if asked.

 

[Escape_Goat]

I know an incoming resident that was arrested and charged with a felony during med school. The charge was deposed as nolle pros and the arrest was expunged from his record. No record of the arrest or charges show up on any background check. He said he still got asked about it during an interview because someone who went to school with him was at that program and mentioned it to the PD. He suspects that it also affected his likelihood of matching at another program due to the same situation with a current resident he went to school with spreading rumors to faculty.

In short, you have no obligation to disclose any expunged record and it won't affect your ability to get a license or practice. And as previously stated, programs should not ask about them. But, there's always the possibility of someone gossiping to faculty about it to rat**** you.

 

[flaun]

There are attorneys that specialize in this. It's a sub-specialty of administrative law. Attorneys advertising 'medical licensing' (or similar) practices are probably good sources.

Please be do not accept some of the advice given to you in this forum. This type of law is highly state specific and language like "expunged" has different meanings in different states, as does the word "sealed." Furthermore, the protections (and liabilities) surrounding each term also differs. The devil is really in the details. Please at least get a free consultation offered by many of these legal firms in your relevant state.

Lastly, sorry to hear your situation, it seems really stressful and unnecessary to drag someone through. But if you get down, know you're in the company of an American legend, Woody Guthrie, with an often neglected verse of his famed, "This Land is Your Land", which said (sang):

There was a big high wall there that tried to stop me;
Sign was painted, it said private property;
But on the back side it didn't say nothing;
This land was made for you and me.

 

[AlbinoHawk DO]

Legally you are correct. What's ethical is a different story.


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Legally and ethically s/he is correct. The entire purpose of the expungement is so that you can say no in your job applications. The state laws indicate when you actually have to disclose these convictions. It would be a very poor decision to disclose it on ERAS

 

[lockian]

There are attorneys that specialize in this. It's a sub-specialty of administrative law. Attorneys advertising 'medical licensing' (or similar) practices are probably good sources.

Please be do not accept some of the advice given to you in this forum. This type of law is highly state specific and language like "expunged" has different meanings in different states, as does the word "sealed." Furthermore, the protections (and liabilities) surrounding each term also differs. The devil is really in the details. Please at least get a free consultation offered by many of these legal firms in your relevant state.

Lastly, sorry to hear your situation, it seems really stressful and unnecessary to drag someone through. But if you get down, know you're in the company of an American legend, Woody Guthrie, with an often neglected verse of his famed, "This Land is Your Land", which said (sang):

Yes, this.

I forget since it was years ago, but what is the actual language of the question on ERAS?

I would also background check myself at the local, state, and federal level to see what comes up, and I recommend everyone else who has an expungement do the same.

FWIW, I think it's ethnically wrong to ask people about youthful indiscretions that an actual court has determined shouldn't affect your future. Details aside, that's what an expungement means. A second chance, a vote of confidence. But ethics are also subjective.

 

[UpstateForensicPsychiatry]

Wrong. Expunged: removed from record. There is no legal reason to disclose this.

I usually defer giving legal advice, but I agree with @RhesusPuffs - what is the point of something being "expunged" if it still needs to be reported?