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Can they rescind their offer?

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johndoe909090

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I had a case that was dismissed, so I was not actually convicted of anything. If I did not disclose this on my app and it crops up as a dismissed case, can a school rescind their offer even though I answered honestly? I emailed one school and they told me not to disclose since it wasn't a conviction. I'm now concerned about the other schools, however. Some of the schools I applied to don't use certiphi but I'm not sure if this means they just use something else. Any advice?
 

DMikes

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While I have 0 experience with this sort of thing, I can't imagine it being a problem. Since you weren't convicted of anything.... you didn't get in trouble. So I see no reason why it would be necessary to disclose it.

Chances are, if the school were to find out about this case, they would know before they offered not after.
 
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1070752

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No. If you're not convicted, it's the same thing as having a clean record. You don't disclose anything.
 
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bwc

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Is this a criminal case or an institutional action case?
 

setdoc7

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Although dismissal is a good thing, if you were arrested, which means fingerprinted, photographed, etc. you cannot really answer no to a question such as "were you ever arrested". Once you are arrested, you are technically in the system, and this will not go away, even if the case is dismissed. Once processed, even an expungement may not lift this from the internet. Answer questions honestly. You can say that you were never "convicted".
 

Manic324

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Although dismissal is a good thing, if you were arrested, which means fingerprinted, photographed, etc. you cannot really answer no to a question such as "were you ever arrested". Once you are arrested, you are technically in the system, and this will not go away, even if the case is dismissed. Once processed, even an expungement may not lift this from the internet. Answer questions honestly. You can say that you were never "convicted".
Ive never seen a question ask were you arrested, only were you convicted. Also the background checks will only show convictions. I was arrested, charged with a misdemeanor, served community service and probation. I later got it removed from my record (by dishing out lots of money for an attorney), and I answered "no" on my applications. I got accepted and the background check cleared.

I wouldnt worry about it... I think it's only an issue if you have like a felony or a severe misdemeanor on your record and don't disclose it.
 

NonTraDentalStudent

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Ive never seen a question ask were you arrested, only were you convicted. Also the background checks will only show convictions. I was arrested, charged with a misdemeanor, served community service and probation. I later got it removed from my record (by dishing out lots of money for an attorney), and I answered "no" on my applications. I got accepted and the background check cleared.

I wouldnt worry about it... I think it's only an issue if you have like a felony or a severe misdemeanor on your record and don't disclose it.

It sounds like you paid to have the arrest "expunged" (completely removed) from your record, in which case you are not supposed to disclose it (as you rightly did not). To the OP, community service and probation alone will not expunge the record, only an attorney can do that. I cannot speak to what schools will or will not see with a dismissed case.
 

setdoc7

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Expungements only remove records from government websites. There are many private background check agencies and they do not always update their information in a timely fashion, sometimes not at all. FYI.
 

fayevalentine

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I had a case that was dismissed, so I was not actually convicted of anything. If I did not disclose this on my app and it crops up as a dismissed case, can a school rescind their offer even though I answered honestly? I emailed one school and they told me not to disclose since it wasn't a conviction. I'm now concerned about the other schools, however. Some of the schools I applied to don't use certiphi but I'm not sure if this means they just use something else. Any advice?

I would think if you emailed the school and they said not to disclose, there is your answer. Disclose on any secondaries that ask for arrests.
 
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bwc

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There is a difference between never being convicted (e.g., found not guilty by a jury) versus having your conviction sealed or expunged. If you actually plead guilty or no contest, or were found guilty by a jury, you may want to be a bit more careful there. Some states and/or courts do have a program for young first-time offenders to plead guilty and avoid a public criminal record for non-violent and non-sex crimes. If your conviction was sealed or expunged, on the criminal record, I'm sure that it will appear as if it had never even happened to the public (although law enforcement agencies and courts can still see it). However, there are instances where such crimes are still mentioned on the news, which can show up from a simple Google search of your name. If you really wanted to be conservative, you could have answered yes to the question, but then mentioned that the conviction was ordered to be sealed or expunged. However, if you received, in writing, a response from the school saying that you did not have to answer yes to the question, then you should be fine.
 

johndoe909090

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Thanks everyone. I wasn't convicted so I feel confident it shouldn't be an issue. I ended up calling up the court and they told me I was fine, so we'll see. I'll let ya'll know if I end up getting background checked.
 
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