Arrest on record?

[FattySlug]

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I have an arrest on record that led to no conviction. My record shows that the case was dismissed due to lack of prosecution. I called a lawyer who specialized in licensing in CA and he said to go ahead and apply so I think I am ok with CA board. I looked at the board application for Florida and New York and they only ask for convictions so I assume I would be fine in majority of the states.

My main concern now is how adcom will react upon seeing the background check. The arrest is not violence, sex or drugs related. I am not planning to hide anything but only disclose when asked. Thanks for your input.

Edit: I already talked to a few lawyers and you cannot expunged an arrest so no need to recommend me do such thing.

 

[cdm3413]

I have an arrest on record that led to no conviction. My record shows that the case was dismissed due to lack of prosecution. I called a lawyer who specialized in licensing in CA and he said to go ahead and apply so I think I am ok with CA board. I looked at the board application for Florida and New York and they only ask for convictions so I assume I would be fine in majority of the states.

My main concern now is how adcom will react upon seeing the background check. The arrest is not violence, sex or drugs related. I am not planning to hide anything but only disclose when asked. Thanks for your input.

Edit: I already talked to a few lawyers and you cannot expunged an arrest so no need to recommend me do such thing.

caribbean

 

[Slev]

I have an arrest on record that led to no conviction. My record shows that the case was dismissed due to lack of prosecution. I called a lawyer who specialized in licensing in CA and he said to go ahead and apply so I think I am ok with CA board. I looked at the board application for Florida and New York and they only ask for convictions so I assume I would be fine in majority of the states.

My main concern now is how adcom will react upon seeing the background check. The arrest is not violence, sex or drugs related. I am not planning to hide anything but only disclose when asked. Thanks for your input.

Edit: I already talked to a few lawyers and you cannot expunged an arrest so no need to recommend me do such thing.

AMCAS only requests that you list convictions or cases in which you pleaded guilty or had some sort of similar plea. Because the charges were dropped, I don't see why you would need to bring this up in your primary application. Some secondaries, however, WILL request you to go further and list all arrests/charges regardless of convictions. You will have to list the arrest there as requested. I personally think it's silly for a med school to care about anything other than convictions. Don't we have a justice system where you're innocent until proven guilty? If there was no conviction, I don't see why it should have any impact on a school's decision.

I have a personal interest in this because I was the victim of identity theft a year ago... some guy found an old lost wallet of mine and started using my ID. Before I figured out what was happening, he had already been caught shoplifting and presented my ID when caught... so I was the one that was eventually charged with shoplifting. The charges were of course dropped but the theft charges will forever show up on my record. I have no plans to bring this up in the primary application since it specifically states NOT to list anything where the charges were dropped... if a secondary asks about it I plan to be upfront and explain the situation.

 

[FattySlug]

AMCAS only requests that you list convictions or cases in which you pleaded guilty or had some sort of similar plea. Because the charges were dropped, I don't see why you would need to bring this up in your primary application. Some secondaries, however, WILL request you to go further and list all arrests/charges regardless of convictions. You will have to list the arrest there as requested. I personally think it's silly for a med school to care about anything other than convictions. Don't we have a justice system where you're innocent until proven guilty? If there was no conviction, I don't see why it should have any impact on a school's decision.

I have a personal interest in this because I was the victim of identity theft a year ago... some guy found an old lost wallet of mine and started using my ID. Before I figured out what was happening, he had already been caught shoplifting and presented my ID when caught... so I was the one that was eventually charged with shoplifting. The charges were of course dropped but the theft charges will forever show up on my record. I have no plans to bring this up in the primary application since it specifically states NOT to list anything where the charges were dropped... if a secondary asks about it I plan to be upfront and explain the situation.

Apparently we are living in guilty-till-proven-innocent land. So we are in the same boat then. But I think you are in the clear and should talk to the judge about "finding of factual innocence." It is rarely granted but it will destroy ALL record and you seem to have a very good ground to file for it.

 

[Slev]

Apparently we are living in guilty-till-proven-innocent land. So we are in the same boat then. But I think you are in the clear and should talk to the judge about "finding of factual innocence." It is rarely granted but it will destroy ALL record and you seem to have a very good ground to file for it.

Yeah I'm going to work on having it completely removed from my record, but unfortunately things move slow and it's doubtful it will happen in time to save me headaches with applications. Unfortunately every agency I've talked to places little emphasis on trying to help victims of identity theft unless it had serious financial implications. That being said, I don't see it being a big issue as long as I'm upfront about it when/if I'm ever asked about any charges ever filed against me.

 

[Legally Insane]

It sounds like you should be eligible to have the arrest expunged from the record. Invest some money in an attorney and stress to him the importance of getting it done quickly. You should be able to have it cleared prior to completing any criminal background check, which is the first time it would otherwise rear its ugly head. An order of expungement means that the arrest never happened un the eyes of the law, so you would have the legal right to say that you had never been arrested. Therefore, even if it should pop up somewhere, you just produce the order and no one can rightfully complain about your response.

 

[raltima07]

It sounds like you should be eligible to have the arrest expunged from the record. Invest some money in an attorney and stress to him the importance of getting it done quickly. You should be able to have it cleared prior to completing any criminal background check, which is the first time it would otherwise rear its ugly head. An order of expungement means that the arrest never happened un the eyes of the law, so you would have the legal right to say that you had never been arrested. Therefore, even if it should pop up somewhere, you just produce the order and no one can rightfully complain about your response.

This sounds like a good plan - however, I would turn to a lawyer for advice on these matter.

 

[Robinson Crusoe]

About a year ago I was talking to someone who had worked on an admissions committee a long time ago. He said that once, someone failed to report an arrest and being found not guilty (self defense). He said they withdrew their acceptance offer. Your situation is less serious than this because you never even reached a verdict, but be careful. If asked about a criminal history, you probably have to report the arrest. I guess it all depends on the question they ask you. (Have you ever been convicted vs. do you have a criminal history?)

 

[FattySlug]

About a year ago I was talking to someone who had worked on an admissions committee a long time ago. He said that once, someone failed to report an arrest and being found not guilty (self defense). He said they withdrew their acceptance offer. Your situation is less serious than this because you never even reached a verdict, but be careful. If asked about a criminal history, you probably have to report the arrest. I guess it all depends on the question they ask you. (Have you ever been convicted vs. do you have a criminal history?)

Yea I always read the fine print carefully when it comes to that. Ask for conviction and guilty plea I will say no. If they ask for arrest I will say yes. Have never seen any application ask "do you have a criminal history." They would have to define what criminal history mean.

 

[Ignatius M.D.]

Yea I always read the fine print carefully when it comes to that. Ask for conviction and guilty plea I will say no. If they ask for arrest I will say yes. Have never seen any application ask "do you have a criminal history." They would have to define what criminal history mean.

I understand you trouble. AMCAS asks for convictions, and it sounds like you are perfectly reasonable to answer "No" to this. If the secondary asks charges then yes, you will need to disclose what happened.

I also find it silly to ask for charges on top of convictions, but perhaps this has to do with licensing in some states. I would look into getting a lawyer to have it expunged, but I would also look into doing it yourself. My best friend got his record expunged simply by buying the application packet at the courthouse and following the directions included inside. When in doubt though, get an attorney. Be prepared for the process to take at least 3 months.

 

[FattySlug]

I understand you trouble. AMCAS asks for convictions, and it sounds like you are perfectly reasonable to answer "No" to this. If the secondary asks charges then yes, you will need to disclose what happened.

I also find it silly to ask for charges on top of convictions, but perhaps this has to do with licensing in some states. I would look into getting a lawyer to have it expunged, but I would also look into doing it yourself. My best friend got his record expunged simply by buying the application packet at the courthouse and following the directions included inside. When in doubt though, get an attorney. Be prepared for the process to take at least 3 months.

What state is your friend in? I am in CA and it is impossible to get an arrest expunged.

 

[Ignatius M.D.]

What state is your friend in? I am in CA and it is impossible to get an arrest expunged.

Florida. Perhaps it's due to this state's ridiculous laws. There are a million types of violations categorized as misdemeanors, many of which are not serious violations at all and are tickets in most states.