Criminal History question

[caveman86]

OK, I had an arrest in 2006. Since then I have had an expungement and complete arrest record erased. Nothing shows up on any government background, even extensive searches through my own state used for hiring of police officers and government workers. My question is, on the licensing board application, in Oklahoma, they ask if I have ever been arrested for any misd. or felony, my lawyer says I do NOT have to answer "yes", since there is no proof of anything anymore. But I do not want to lie about anything, plus if something were to ever come up, I wouldn't want to lose my license over it. What is your guys opinions over this, should I just say yes, and provide the details, and then A. proving that the issue is way behind me B. Learned my lesson ??

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[TriagePreMed]

You have hired an attorney. Ask him to give you this legal advice in writing since that way he's the one at fault.

 

[theone1979]

You have hired an attorney. Ask him to give you this legal advice in writing since that way he's the one at fault.

I dont think it works that way. I am almost 100% certain that ultimately you are responsible for the actions you take, regardless of what a lawyer has advised you.

 

[Shoushu]

You have hired an attorney. Ask him to give you this legal advice in writing since that way he's the one at fault.

I don't know the law, but this doesn't sound well. Theoretically, if you lose license over this (unlikely right? What kind of arrest was it? Was it felony?), can you then sue your lawyer? Then still not licensed over this way-back arrest. It's not win-win, but lose-lose situation.


But everything expunged and erased, no way the licensing board can know you had been arrested. It's expunged and erased, may be the arrest wasn't that huge a deal (less than high felony?).

 

[countthestars]

What really upsets me about the whole question "Have you ever been arrested" is that you can be arrested for ANYTHING. It doesn't mean you are guilty of what you have been arrested for. I could be arrested for standing on the street if a cop wanted to harass me. Asking questions about arrest history should never happen. The law says you are innocent until proven guilty. An arrest is NOT an admission of guilt. Only the courts can find one guilty. Having something expunged or removed from your record should stay that way. No one should be able to get a hold of your past criminal history. Medical state licensing boards are not above the law. They are held to the same legal standards as we are. I just don't even understand why they would even ask a question like "have you ever been arrested for anything".

 

[CopToEM]

Since you were able to expunge the charge it means you were either found not guilty or the charge was given a nolle prosequi disposition. I.E., you were never found guilty.

Since you had to go through the process to expunge, I will assume it was nolled. Nolled simply means that the charge is "sat aside," but able to be brought back on you after a period of time if you, generally, do not meet the requirements of your probation.

There are two ways to hide a criminal past. One is a sealing of the record and one is an expungement. Sealing of the record simply means the record still exists however it has been removed from public view and thus without an order of the court cannot be unsealed and the information released. The latter, expungement, literally means the record has been erased.

Upon being granted an order of expungement a copy is forwarded to the Division of the State Police (which maintains all criminal records - CCRE) and the charge is deleted from your criminal record.

For all intents and purposes, you have been forgiven for your crime, and it is not necessary to reveal this information to any party who should seek it. Your attorney is giving you sound advice.

The [State] Board of Medicine does not outweigh an order of the court, period. Expungements are in place for a reason - so that good, honest people, who simply made a human mistake, can have a second chance. You went through the entire expungement process simply for the purpose of being able to check, "No," I have not been convicted or arrested for a crime.

Disclaimer: I'm not an attorney - these are simply my opinions and personal knowledge. No legal advice should be assumed or taken.

 

[danzman]

Since you were able to expunge the charge it means you were either found not guilty or the charge was given a nolle prosequi disposition. I.E., you were never found guilty.

Since you had to go through the process to expunge, I will assume it was nolled. Nolled simply means that the charge is "sat aside," but able to be brought back on you after a period of time if you, generally, do not meet the requirements of your probation.

There are two ways to hide a criminal past. One is a sealing of the record and one is an expungement. Sealing of the record simply means the record still exists however it has been removed from public view and thus without an order of the court cannot be unsealed and the information released. The latter, expungement, literally means the record has been erased.


Upon being granted an order of expungement a copy is forwarded to the Division of the State Police (which maintains all criminal records - CCRE) and the charge is deleted from your criminal record.

For all intents and purposes, you have been forgiven for your crime, and it is not necessary to reveal this information to any party who should seek it. Your attorney is giving you sound advice.

The [State] Board of Medicine does not outweigh an order of the court, period. Expungements are in place for a reason - so that good, honest people, who simply made a human mistake, can have a second chance. You went through the entire expungement process simply for the purpose of being able to check, "No," I have not been convicted or arrested for a crime.

Disclaimer: I'm not an attorney - these are simply my opinions and personal knowledge. No legal advice should be assumed or taken.

Not the case with medical boards. They can see everything, expunged, sealed or not. Period. The issue is with what kind of background check is done. When you apply to school (or during the 2nd year) you will get a general level 2 background check that looks at offenses since 18yrs. These get most of the big things like felonies and rape etc but should exclude expunged records. When you apply for a residency they may either do another level two, or if the program is affiliated with a VA, you get the big bad FBI profile (which shows everything.) When you apply for a license, you get an FBI search. The issue of expungement seems largely irrelevant, they will see that you were arrested, what charges were filed, and my be able to see the outcome. One issue that comes up frequently is that of juvenile offenses. I have seen that some states (FL) simply does not ask, nor do they care about them, but they CAN see them. Unfortunately, this is a state by state issue, and you will never, and I mean never, get a straight answer on this. Medical boards change, and so do their opinions.

 

[JaggerPlate]

I know it's not what you want to hear, but everything comes back. When you apply for a medical license and they ask "have you ever been arrested" they are asking "have you ever been arrested" not "were you ever arrested for some stupid thing in college and went through some sort of deferment program where you can now technically answer 'no' to certain legal questions?"

Explaining a decade old alcohol ticket (for example) to the medical board ... not a big deal. Not providing the information they want and then it coming up at a later date ... big, big deal.

Will you have to answer yes to any AMCAS/AACOMAS questions about misdemeanor convictions? No. Will you have to answer yes to any secondary questions that ask about any charges (few do)? Yes. Will this probably come up in some background check used for health care workers? Yes.

Will being honest with the situation WHEN ASKED (if you ever have a question whether or not you need to disclose, consult an attorney) prevent you from getting into school, residency, and licensed? Almost certainly not.

Will not disclosing to questions that ask specifically about ANY charges or ANY arrest be a bad, bad thing and potentially land you on some black lists? Yes.

I'm going to assume this springs from some college incident and isn't a serious charge, and if this is the case, there are more people in your situation than you'd assume (trust me ). It sucks and will probably cause you anxiety at various times along the way, but just remember to be honest when asked and that disclosing is far, far better than asking for forgiveness later.

 

[countthestars]

Question to the OP, did you plead guilty or was there some sort of ADC, ADOC (adjournment in contemplation of dismissal) pre-trial process? Because in some states, you could have gotten an ADC which is NOT a conviction and it is only a pre-trial process where by you are under a status of probation for a couple of months and after those months are up, the court dismisses the case.

 

[VeeTeeHokies]

I know it's not what you want to hear, but everything comes back. When you apply for a medical license and they ask "have you ever been arrested" they are asking "have you ever been arrested" not "were you ever arrested for some stupid thing in college and went through some sort of deferment program where you can now technically answer 'no' to certain legal questions?"

Explaining a decade old alcohol ticket (for example) to the medical board ... not a big deal. Not providing the information they want and then it coming up at a later date ... big, big deal.

Will you have to answer yes to any AMCAS/AACOMAS questions about misdemeanor convictions? No. Will you have to answer yes to any secondary questions that ask about any charges (few do)? Yes. Will this probably come up in some background check used for health care workers? Yes.

Will being honest with the situation WHEN ASKED (if you ever have a question whether or not you need to disclose, consult an attorney) prevent you from getting into school, residency, and licensed? Almost certainly not.

Will not disclosing to questions that ask specifically about ANY charges or ANY arrest be a bad, bad thing and potentially land you on some black lists? Yes.

I'm going to assume this springs from some college incident and isn't a serious charge, and if this is the case, there are more people in your situation than you'd assume (trust me ). It sucks and will probably cause you anxiety at various times along the way, but just remember to be honest when asked and that disclosing is far, far better than asking for forgiveness later.

. Somehow the truth always finds its way to the surface and if you don't disclose it now, it WILL hurt you when that happens. This is the best advice you will get on this thread.

Think of it this way: Would you rather disclose it now and potentially be rejected from every school (hard to tell without knowing the severity of the arrest), and have to go with a plan B; OR would you rather not disclose it, attend medical school for 4 arduous years, graduate, then have it pop up during licensure causing you to have wasted 4 years of your life, accumulated now insurmountable debt, and a degree that you can't use?

 

[TriagePreMed]

I don't know the law, but this doesn't sound well. Theoretically, if you lose license over this (unlikely right? What kind of arrest was it? Was it felony?), can you then sue your lawyer? Then still not licensed over this way-back arrest. It's not win-win, but lose-lose situation.


But everything expunged and erased, no way the licensing board can know you had been arrested. It's expunged and erased, may be the arrest wasn't that huge a deal (less than high felony?).

Then what's the point of getting legal advice? You could be lied to. Would an attorney just get free range to say whatever they want? Ultimately, my point of asking for it in writing is that the attorney will most likely NOT do it if he is unsure/lying.

 

[Shoushu]

Not the case with medical boards. They can see everything, expunged, sealed or not. Period.

Everything? Just what can the medical boards see? Lol. Can they dig up more than FBI/CIA?

In a hypothetical case with Joe Bloggs, can they see where Joe went to elementary school, middle school, high school? Can they see Joe repeated 4th grade and got suspended in high school?

Can the med boards then "see" Joe went on a binge-drinking trip over Europe and got arrested by EU police but released due to lawyer parents, so he got no USA rap sheet, but accumulated some felony in European database? Can they see out-of-US-jurisdiction records?Can they see Joe's driving tickets from way-back when? Can they see Joe's springbreak trip to Thailand and see how he's maybe infected with HIV/AIDS?.

 

[Barts]

I would certainly take the advice of a licensed attorney over that of SDN posters--no offense to my fellow posters. That aside, I'm going to offer you my advice anyway since I have probably been closer to your situation than most who post here. I was faced with a somewhat similar situation and one of the things I did was to get an FBI report on myself via the FBI site. I also spoke with an attorney and called a few of the state licensing boards and explained my situation to them to get their advice/thoughts.

I would speak with an attorney or two, (or three) and if all give you the same answer then I would probably believe them. And check out the FBI site-- you have to have yourself fingerprinted and send them an application, but they will send you your criminal record. When I contacted them a few years ago and got mine I was told that what they send out is the report that the few "select" agencies can see.

FWIW, I was charged with multiple felonies and they were all expunged. They were all nolle prosequi or possibly what Cop mentioned in this thread (mine were dismissed due to lack of evidence). I never went to court for any of them as once it was actually investigated it was found that I had done nothing wrong and should have never been charged. Just one of those things that sometimes happens I suppose....Anyway, not a single one of them were listed on my FBI report, or on the state report from the state I was living in at the time.

Regardless, I would suggest doing the FBI thing and even getting your report from your state agency (mine was the CBI at the time). Generally though, honesty is probably the best policy when dealing with this sort of thing because you wouldn't want it to come back and bite you in the ass!

Good luck!

Edit: Yes, I realize you've done some of these things, but I thought I would just put out there what I did to try and give you some insight from someone who has been through something similar.

 

[Prncssbuttercup]

OP, send a PM to Law2Doc, he's a lawyer... and a doctor, I don't believe you need to answer yes to this, and I don't believe you can have an 'arrest' held against you. You can have a CONVICTION held against you, which you no longer have...

 

[theone1979]

Then what's the point of getting legal advice? You could be lied to. Would an attorney just get free range to say whatever they want? Ultimately, my point of asking for it in writing is that the attorney will most likely NOT do it if he is unsure/lying.

The point of getting advise is just that...to get advice. It does not absolve you from wrong-doing even if a lawyer advises you in that direction.

It is like getting an accountant. An accountant helps and advises you and it is usually sound and legal advise, however, if an accountant does something sketchy with your taxes, you are still ultimately responsible for your own tax return. The fact that an accountant advised you to do something improper/illegal does not make you any less culpable.

 

[LL562]

OP, if you get legal advice saying that you do not have to say yes when asked about a conviction or arrest then say no... Why would you say yes when you have the legal right to say no? and in saying yes you would only be "red-flagging" yourself... I don't think it's dishonest at all because you would be following the rules... it's not some kind of loophole, you took the correct and necessary steps to rectify your mistakes and have the legal right to answer no and should be able to move past it... This is the exact reason why they have things like expungement and sealed records, so you are not branded for life for stupid mistakes that doesn't make you a bad person and prevents you from moving on with your life and helping other people... I'm pretty sure you can't get convictions like rape or murder expunged, this is what separates people who make mistakes from people who shouldn't be doctors or even be around other people...

 

[LL562]

The point of getting advise is just that...to get advice. It does not absolve you from wrong-doing even if a lawyer advises you in that direction.

It is like getting an accountant. An accountant helps and advises you and it is usually sound and legal advise, however, if an accountant does something sketchy with your taxes, you are still ultimately responsible for your own tax return. The fact that an accountant advised you to do something improper/illegal does not make you any less culpable.

I disagree. That is the whole point of getting legal advice from someone who is licensed and authorized to do so. So you can follow the law and make correct decisions. He's not going to tell you what to do based on his opinion, he's going to advise you what to do based on his interpretation of the law, there's a big difference. However, If the lawyer advises you to answer yes based on the law but you decide to answer no anyways then that would be dishonest. If you think the lawyer is giving you incorrect information, do what other posters suggested and get legal advice from multiple lawyers.

 

[jw123]

someone posted that some schools require a level 2 background check, but does anyone know the difference between a level 1 and a level 1 background check?

 

[Vishna]

I still can't believe they're asking about arrests and not specifically convictions. I've never been arrested but would be pretty pissed if I was wrongly arrested, cleared of any suspicion, and still had to disclose something like that to medical schools like it reflected any part of me.

 

[danzman]

Everything? Just what can the medical boards see? Lol. Can they dig up more than FBI/CIA?

In a hypothetical case with Joe Bloggs, can they see where Joe went to elementary school, middle school, high school? Can they see Joe repeated 4th grade and got suspended in high school?

Can the med boards then "see" Joe went on a binge-drinking trip over Europe and got arrested by EU police but released due to lawyer parents, so he got no USA rap sheet, but accumulated some felony in European database? Can they see out-of-US-jurisdiction records?Can they see Joe's driving tickets from way-back when? Can they see Joe's springbreak trip to Thailand and see how he's maybe infected with HIV/AIDS?.

What on earth are you talking about? I think the discussion was about criminal records. I can't imagine a medical board wanting to see a high school record but I am sure that they can if they so demanded it. You are not legally obligated to share your HIV status with patients and thus it would be discriminatory for them to ask. As for a European arrest,yes, i think they should show up as the FBI as access to international agency records. The only question would be as to the sophistication of the processing country. (Get busted in Somalia VS England.)

 

[danzman]

OP, if you get legal advice saying that you do not have to say yes when asked about a conviction or arrest then say no... Why would you say yes when you have the legal right to say no? and in saying yes you would only be "red-flagging" yourself... I don't think it's dishonest at all because you would be following the rules... it's not some kind of loophole, you took the correct and necessary steps to rectify your mistakes and have the legal right to answer no and should be able to move past it... This is the exact reason why they have things like expungement and sealed records, so you are not branded for life for stupid mistakes that doesn't make you a bad person and prevents you from moving on with your life and helping other people... I'm pretty sure you can't get convictions like rape or murder expunged, this is what separates people who make mistakes from people who shouldn't be doctors or even be around other people...

This is simply, and sadly, not the case. It is up to you and only you to follow the guidelines set forth by the board, if ten attorneys tell you to do the wrong thing, not only does it not make it OK, but you will have no repercussion toward them for it. The wording in the medical licensing applications are pretty clear. You have to divulge every single arrest. Period. You can of course explain them, but not listing them is fraud.

 

[Prncssbuttercup]

I do not see how you can be made to list arrests. A person can be arrested and not charged with a crime, and have been arrested illegally or without cause. I would be curious to know if they could even prove an arrest record versus charges...

 

[Barts]

The FBI doesn't actually access anything. They rely on local and state agencies to report information to them- if those agencies choose to do so. They are sort of a nation wide depository for criminal information-they store what is shared with them. This tidbit can be found on the FBI website under the background check section. Anyway, there is a lot of guessing by people posting in this thread....again, listen to your attorney, not SDN posters.

That aside I can tell you that I have had full background checks performed (check the Florida site-the level 2 fingerprint type)-to be blunt, the state licensing boards I had contacted a few years back ensured me that they would find everything, my attorney said they would find nothing, the attorney was right.

But again, don't listen to SDN posters (including me) on something like this. Take your attorneys advice, weigh your options, and then proceed how you feel best.

Edit: Coptoem, your advice was very similar to how my attorney explained it to me, I'm curious if you were in law enforcement? I'm kind of guessing you were but thought I would ask.

 

[JaggerPlate]

I do not see how you can be made to list arrests. A person can be arrested and not charged with a crime, and have been arrested illegally or without cause. I would be curious to know if they could even prove an arrest record versus charges...

Some secondaries (few) ask for "any arrests or charges." I've always thought the same thing (innocent until proven otherwise?), but I'm pretty sure they can ask what they want/no one has ever challenged it so ... yeah, it happens.

 

[LL562]

This is simply, and sadly, not the case. It is up to you and only you to follow the guidelines set forth by the board, if ten attorneys tell you to do the wrong thing, not only does it not make it OK, but you will have no repercussion toward them for it. The wording in the medical licensing applications are pretty clear. You have to divulge every single arrest. Period. You can of course explain them, but not listing them is fraud.

You are correct. When it comes to any government job or licensing board, you have to disclose this information. However, when applying to medical school you have the legal right to say no on your app if you had your arrests and convictions expunged, this is the way it is in California. Also, for licensing you have to disclose any conviction/arrest but if it was expunged/dismissed then the licensing board should not give you any problems.

I got this information from the official California Court website
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#dismissals,

Dismissals
If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.


What Will a Dismissal Do?
Once all of your convictions have been dismissed:

1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But, it is a good idea to read the Penal Code §1203.4 , the California Code Regs 7287.4(d) , and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. Click here to find the public defender.
2. Applying for government employment or a government license: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.

I'm based everything I've said on this information, but you should still consult an attorney. Also, this is for California only.

 

[danzman]

You are correct. When it comes to any government job or licensing board, you have to disclose this information. However, when applying to medical school you have the legal right to say no on your app if you had your arrests and convictions expunged, this is the way it is in California. Also, for licensing you have to disclose any conviction/arrest but if it was expunged/dismissed then the licensing board should not give you any problems.

I got this information from the official California Court website
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm#dismissals,

Dismissals
If you were convicted of a misdemeanor or a felony and were not sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation you can petition for a dismissal. This means you were given county jail time, probation, a fine, or a combination of those three. If you are petitioning for a dismissal, the court upon proper motion, may withdraw your guilty or nolo contendere (no contest) plea, or verdict of guilt if you went to trial, and enter a not guilty plea. Then the court will set aside and dismiss the conviction. From that point forward, you are considered no longer convicted of the offense. Your record will be changed to show a dismissal rather than a conviction.


What Will a Dismissal Do?
Once all of your convictions have been dismissed:

1. Applying for private employment: Under most circumstances, private employers cannot ask you about any convictions dismissed under Penal Code §1203.4. So, when applying for a job in the private sector, you generally do not have to disclose a conviction if it was dismissed or expunged. But, it is a good idea to read the Penal Code §1203.4 , the California Code Regs 7287.4(d) , and/or talk to the public defender in your county if you have questions about your rights and obligations regarding past convictions when applying for a job. Click here to find the public defender.
2. Applying for government employment or a government license: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.

I'm based everything I've said on this information, but you should still consult an attorney. Also, this is for California only.

Yup, when you apply to medical school you can say no, when you sign up for the army you still must say yes, and when you apply for a license you still must say yes. The medical board is within their rights to then, on a case-by-case basis, determine your eligibility. The trouble you get into is that every state is different and each board will be different.

 

[danzman]

The FBI doesn't actually access anything. They rely on local and state agencies to report information to them- if those agencies choose to do so. They are sort of a nation wide depository for criminal information-they store what is shared with them. This tidbit can be found on the FBI website under the background check section. Anyway, there is a lot of guessing by people posting in this thread....again, listen to your attorney, not SDN posters.

That aside I can tell you that I have had full background checks performed (check the Florida site-the level 2 fingerprint type)-to be blunt, the state licensing boards I had contacted a few years back ensured me that they would find everything, my attorney said they would find nothing, the attorney was right.

But again, don't listen to SDN posters (including me) on something like this. Take your attorneys advice, weigh your options, and then proceed how you feel best.

Edit: Coptoem, your advice was very similar to how my attorney explained it to me, I'm curious if you were in law enforcement? I'm kind of guessing you were but thought I would ask.

Interestingly this is totally correct. If a local does not report a record, then it in effect does not exist. I am told that this happens quite frequently with old records in small towns.

 

[caveman86]

Hey guys thanks for all the information...Ive contacted the board of directors for oklahoma licensing, she said that based on their attorneys advice, I should still answer yes to any questions asking me if I have ever been arrested, and then I will have to explain in full detail EVERYTHING to them, even after an expungement has been processed. I contacted the OSBI for Oklahoma( they do government background checks), and all that is on my record is the arrest charge, but says defendent plead not guilty, case dissmissed. I have my expungment papers on hand at any time, But i have to wait ten years from the first of sentincing, which was probation, for them to be COMPLETELY sealed from a government check( oklahoma law), and they seem to think the medical board will be able to see what they see, even though every agency has my record cleared with my expungement, public profiles, county checks, etc. Ive even ran multiple background checks on my self, yes the expensive ones, and nothing. My only worries to this is that, after completing school, going in front of the board for licensing, having to explain my situation, and they can easily say sorry, and I would then be left with many years of a wasted degree, no license, and a nice student loan to pay back. Her very words were, after reviewing my case and situation, and from previous cases, she see's no reason to worry, but then after all the encouraging words, of course she includes, " but no promises, im not the one who makes the final decision"...

 

[danzman]

Hey guys thanks for all the information...Ive contacted the board of directors for oklahoma licensing, she said that based on their attorneys advice, I should still answer yes to any questions asking me if I have ever been arrested, and then I will have to explain in full detail EVERYTHING to them, even after an expungement has been processed. I contacted the OSBI for Oklahoma( they do government background checks), and all that is on my record is the arrest charge, but says defendent plead not guilty, case dissmissed. I have my expungment papers on hand at any time, But i have to wait ten years from the first of sentincing, which was probation, for them to be COMPLETELY sealed from a government check( oklahoma law), and they seem to think the medical board will be able to see what they see, even though every agency has my record cleared with my expungement, public profiles, county checks, etc. Ive even ran multiple background checks on my self, yes the expensive ones, and nothing. My only worries to this is that, after completing school, going in front of the board for licensing, having to explain my situation, and they can easily say sorry, and I would then be left with many years of a wasted degree, no license, and a nice student loan to pay back. Her very words were, after reviewing my case and situation, and from previous cases, she see's no reason to worry, but then after all the encouraging words, of course she includes, " but no promises, im not the one who makes the final decision"...

It is a huge pain is the *****, and like I said, you will never ever get a straight answer on any of this because the boards change members. You can do an FBI background check on yourself if you are really interested, but it sounds like you know what you are up against.

 

[Barts]

Keep in mind also that many states do not ask about arrests, only convictions, which makes more sense to me especially after what I went through. Anyway, I just thought I would mention this for others who might be quietly browsing this thread.

 

[azide10]

I feel ya man. I made a dumb mistake as a freshman (2006) and I'm dreading having to explain it in the future. It's always in the back of my mind while doing all this premed stuff. The situation was more embarrassing and insignificant than it was an actual problem and whoever I tell can't help but crack up during the story. But looking at it without actually knowing me could potentially be detrimental, especially to a medical board.

My charges were dropped to violations so I've had literally no problems with employment and even the one time I had to explain the arrest that led to them, the employers laughed.

 

[A is A]

I feel ya man. I made a dumb mistake as a freshman (2006) and I'm dreading having to explain it in the future. It's always in the back of my mind while doing all this premed stuff. The situation was more embarrassing and insignificant than it was an actual problem and whoever I tell can't help but crack up during the story. But looking at it without actually knowing me could potentially be detrimental, especially to a medical board.

My charges were dropped to violations so I've had literally no problems with employment and even the one time I had to explain the arrest that led to them, the employers laughed.

Are you really gonna leave us hanging like that? Come on with the juicy story, this is the interwebz you are anonymous here.

 

[Arch Guillotti]

State medical boards answer to no one but themselves. They are the judge, jury and executioner.

My advice is to come clean with ANYTHING. Be honest and the vast majority of the time it will not be a big deal.

 

[Longshanks]

Some secondaries (few) ask for "any arrests or charges." I've always thought the same thing (innocent until proven otherwise?), but I'm pretty sure they can ask what they want/no one has ever challenged it so ... yeah, it happens.

I had a secondary which asked about Speeding Violations, which is asinine.

 

[JaggerPlate]

State medical boards answer to no one but themselves. They are the judge, jury and executioner.

My advice is to come clean with ANYTHING. Be honest and the vast majority of the time it will not be a big deal.

Sound advice.

I had a secondary which asked about Speeding Violations, which is asinine.

Same. Lol.

 

[jw123]

caveman, not that its any of our business, but i think a big thing in the decision process, from what i've heard from a member of the state medical board, is if an arrest (or charge or whatever) has been dropped, a huge thing the medical board decides on when issuing licenses is the type of crime committed. If its a simple drinking charge from when your in college, i doubt it would be a problem, i think there's probably many who go through the process who have had something minor like this. However, i think if it was something bigger there is still the potential to be a problem, even if the charges were dropped.

 

[supermario92]

i believe each state asks different questions in their licensing application. for what it's worth, New Jersey asks;

Have you ever been arrested for, formally accused of, charged with, indicted for or
convicted of the commission of any crime or offense, whether state, federal, or in other
countries, including offenses categorized as misdemeanors, high misdemeanors or
felonies? (NOTE: If you have been arrested or had a conviction for which you have been
informed the record has been expunged, please verify that the expungement has in fact
been implemented prior to answering “No” to this question.) (A dismissal is not an
expungement.)
Yes N

source : http://www.state.nj.us/lps/ca/bme/applications/MedicalLicApp.pdf page 6.

An expungement allows you to say No (NJ allows expungements). If you google it, you'll also be able to find a NJMS-UMDNJ form that also has similar wording, meaning it seems possible to go to medical school in new jersey, and afterwards get licensed. I don't know the rules for any residency programs.
Also, some other states (such as NY) ask about convictions rather than arrests. That also helps. Good luck !