In Febraury 2006, less than 2 months after my 18th birthday, I was arrested for class A mis. Assault causing bodily injury. This was against my mother therefore, I am not eligible for an order of non-disclosure because it is considered Family Violence. My mom went to the DA and asked for charges to be dropped, however they wouldn't do it. I DID NOT assault my mother. I was on drugs and since I was 18 she had no way of making me stay so she called the police and said I was threatening her with the fear she would never see me again alive. I was in jail for two weeks before my first court date and by then I was so desperate to get out of jail that I agreed to the plea deal given. I was given one year of deferred adjudication probation, with the understanding that upon successful completion the charges would be dismissed. However, it still shows up as an arrest. I have exhausted all options. I cannot seek a pardon because I was not convicted of the charge, I cannot get the conviction expunged and I cannot seek an order of non-disclosure because it was a family violence charge. I do not regret what happened because it got me sober and I do not believe at that point in my life anything else would have helped. I have an amazing life today...sober, a mother, full time worker, full time student, I volunteer and pull a 4.0 GPA. Will the arrest prevent me from gaining admission into medical school, even if everything else checks out?
Criminal Record-PLEASE HELP
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It can. But here I'm not sure how much of an impact such a charge can do. It seems as though you are very sorry for what happened and if you reflect this during an interview, it might be overlooked. Keep up the good work though!
I'd try consulting a lawyer to see what can be done about expunging the charges.
I'd try consulting a lawyer to see what can be done about expunging the charges.
Thank you CapNcrunch, I have consulted a lawyer, but there is absolutely nothing that can be done. I live in Texas and the way the laws are right now, nothing is an option. It was deferred adjudication so it does only show up as an arrest and not a conviction, but it still shows up, therefore I would have to explain.
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Not trying to be grim here ... but you're in trouble. You're going to have to report this on AMCAS, which means every school you send a primary application to will see that you have a misdemeanor conviction for violence. If they send you a secondary, you will have to explain it. You explanation is that you were on drugs ... this is not good either. One of the big no, no's for med school criminal records (everyone an their mom has an MIP or climbed out a window in their dorms and it's on their transcripts, etc. Don't believe me, do a search hahaha), is violent offenses. You are in hospitals for your 3/4 years of medical school, and the schools need to know that you will be able to interact with and essentially treat patients. You will also have to worry about maintaining a license to practice medicine and frankly, this conviction could interfere with this. That's the bad news, but just forget it. There is nothing you can do about it now. You don't know doc Brown, you don't own a DeLorean, so just put it behind you. This is what you need to do/know from here on out:
1. Get a lawyer and freaking do what they say. Pre-meds, like myself, can rant and rave all day long, but the bottom line is that we are not legal professionals. This is why lawyers exist. So get one, and listen to em.
2. Be completely honest when you apply. Hiding this will only hurt you.
3. Be prepared to explain it, own up for your actions, and demonstrate your rehabilitation and why/how this will NEVER happen again.
4. After all this ... still be prepared for a rough road. There are mountains of people out there with 4.0/35s who have never even had a parking ticket, and you'll be competing against them. Know you are up against something big here, and prepare for all possible outcomes. Good luck, and reallly get on point '1' as quick as possible.
1. Get a lawyer and freaking do what they say. Pre-meds, like myself, can rant and rave all day long, but the bottom line is that we are not legal professionals. This is why lawyers exist. So get one, and listen to em.
2. Be completely honest when you apply. Hiding this will only hurt you.
3. Be prepared to explain it, own up for your actions, and demonstrate your rehabilitation and why/how this will NEVER happen again.
4. After all this ... still be prepared for a rough road. There are mountains of people out there with 4.0/35s who have never even had a parking ticket, and you'll be competing against them. Know you are up against something big here, and prepare for all possible outcomes. Good luck, and reallly get on point '1' as quick as possible.
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I believe the OP said it's not a conviction; it's an arrest/charge and a dismissal.
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Oh holy crap ... I'm sorry, you're right. I saw 'accepted the plea,' and assumed that meant a certain conviction. My bad. That seriously changes things.
Again, you still need to take this concern to a lawyer. Saying they can't do anything may be true in a legal sense, but it's not true in a legal advice sense. You should take the question AMCAS asks to a lawyer, have them read it, and see what they say. Technically, it asks if you have been convicted or pleaded no contest to a misdemeanor or felony. I guess you really wouldn't have to answer yes here, but I'm still pretty certain it will come up on applications and I know it will come up in a background check. Again, the best thing you can do is frequently consult with an attorney concerning the language of things and what you need to disclose and be forthcoming, show your rehabilitation, and take responsibility when you do need to talk about it. Sorry I misread before ... I need to quit scanning things to quickly on SDN. Again, good luck.
it's great that you've gotten your act together, but yes, an arrest will always show up. even if you had been convicted and managed later to get the conviction expunged, the arrest would still show up on your record. this is because arrest = police agency and dismissal/conviction/expungement = court system. anyhow, rather than spending a lot of time despairing about what this might mean for your chances at med school, why don't you call some of your state school and ask someone on the adcom (anonymously, perhaps).
this is going to sound harsh, but people really should think before they file false police reports...
this is going to sound harsh, but people really should think before they file false police reports...
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Your right you wouldn't have to answer yes on the primary application. As a matter of fact the primary instructs you to answer yes only if it was a conviction, if you were charged and never convicted you answer no.
Thus if it does show up on a background check, those checks are done after an offer of acceptance has already been made and therefore your not going to be asked about it in an interview. Also since they only ask for convictions and not charges, when and if this comes up after an acceptance has been made and accepted, you shouldn't have to explain anything since you followed the instructions on the application.
Also, although I am not positive, I don't believe arrests that did not lead to convictions show up on private background checks such as those made by cerpheti. Arrest records based on only charges show up on federal government sponsored background checks only, however I am not positive.
Either way it won't matter because the OP won't be asked about it until after an offer has been made and accepted and I highly doubt they will rescind the acceptance based on a charge that never lead to a conviction.
This is what the AMCAS says:
Felony
Have you ever been convicted of, or pleaded guilty or no contest to, a Felony crime, excluding 1) any offense for which you were adjudicated as a juvenile, or 2) convictions which have been expunged or sealed by a court (in states where applicable)? You need NOT disclose any instance where you:
Misdemeanor
Have you ever been convicted of, or pleaded guilty or no contest to, a Misdemeanor crime, excluding 1) any offense for which you were adjudicated as a juvenile, 2) any convictions which have been expunged or sealed by a court, or 3) any misdemeanor convictions for which any probation has been completed and the case dismissed by the court (in states where applicable)?
You need NOT disclose any instance where you:
also, http://www.aamc.org/students/amcas/faq/background.htm
the schools that participate in the background check. im not sure what that is about though.
and the story you have juxtaposed against your current 4.0 and lifestyle change is a great one to tell during interviews. people eat that stuff up.
Felony
Have you ever been convicted of, or pleaded guilty or no contest to, a Felony crime, excluding 1) any offense for which you were adjudicated as a juvenile, or 2) convictions which have been expunged or sealed by a court (in states where applicable)? You need NOT disclose any instance where you:
- were arrested but not charged;
- were arrested and charged, but the charges were dropped;
- were arrested and charged, but found not guilty by a judge or jury;
- were arrested and found guilty by a judge or jury, but the conviction was overturned on appeal; or
- received an executive pardon.
Misdemeanor
Have you ever been convicted of, or pleaded guilty or no contest to, a Misdemeanor crime, excluding 1) any offense for which you were adjudicated as a juvenile, 2) any convictions which have been expunged or sealed by a court, or 3) any misdemeanor convictions for which any probation has been completed and the case dismissed by the court (in states where applicable)?
You need NOT disclose any instance where you:
- were arrested, but not charged;
- were arrested and charged, but the charges were dropped;
- were arrested and charged, but found not guilty by a judge or jury;
- were arrested and found guilty by a judge or jury, but the conviction was overturned on appeal; or
- received an executive pardon.
also, http://www.aamc.org/students/amcas/faq/background.htm
the schools that participate in the background check. im not sure what that is about though.
and the story you have juxtaposed against your current 4.0 and lifestyle change is a great one to tell during interviews. people eat that stuff up.
If you're a chick, you're more likely to get away with it than a man. It also helps to have some sort of a letter from your mom about how you turned your life around, have reconciled, situation clarified, and how today, you have her full support and the grades reflect this fact. Get it notarized, too.
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OP, I PM'ed you with some insight/suggestion
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Wrong. If it is correctly expunged then it wouldn't show up. If you complete the expunge process, do a self background check and if it shows up, contact your lawyer immediately. Expunged records do not show up if processed correctly (and completely). In other words, its up to you if you want to report it to or not. Obviously, according to the instructions, you are supposed to....some people do, many do not. Some are later found out, many are not. OP has personal decisions to make. If the record has not been expunged then it will show up and therefore OP must address it....or at least not try to hide it.
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.....great first post! - Joined
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I am in a very similar situation as yourself..
I got into a fight with a roommate, and we were both arrested and charged with simple battery. When I was being booked at the jail, I was told I could pay my bond and get out.. Five minutes after being told this, I was called back to booking and told they were changing my charge to simple battery - family violence, and I wouldn't have a bond until I saw a judge.
Come to find out, my roommate had been arrested 12 times previously, mainly for fighting. 😱 There was no way the solicitor was going to drop the charges because of his history, and since we were co-defendents, I couldn't get my case dismissed.
The solicitor charged us with two counts; one simple battery - family violence, and the second was simple battery, not family violence. A public defender instructed us to plead the fifth, and the state wouldn't be able to prove anything and would drop the case... That didn't happen.
I finally hired a lawyer, and he worked out a deal to plead guilty to one count simple battery with a $600 fine. So I signed a paper pleading guilty to simple battery. The judge, however, checks a box on the accusation saying in effect "As to count 1, guilty, count 2, merged."
I wasn't pleading guilty to the family violence charge, but that's how she marked it. Thankfully in the state criminal records, it shows my conviction as not being family violence. However with a private company, like Certiphi, they call up the state court, and the clerk reads tells them I was convicted of simple battery - family violence.
I was really worried about this, so I've called schools and they've said it isn't a big deal. Someone on SDN asked the credentialing folks for his anesthesia group (I'm leaning towards being an anesthesiologist assistant) if this would keep me out of a hospital, and the reply was no, as long as I was honest about the conviction.
I also saw a professional licensing attorney, who assured me I would have no problems getting licensed as an MD or PA.
That being said, I was denied the opportunity of volunteering in an ER because this showed up.. I now volunteer at a harm reduction/needle exchange organization.
Since you were granted deferred adjudication, you are in a much better position than myself. You aren't convicted..
Good luck, and don't give up because of this!
I got into a fight with a roommate, and we were both arrested and charged with simple battery. When I was being booked at the jail, I was told I could pay my bond and get out.. Five minutes after being told this, I was called back to booking and told they were changing my charge to simple battery - family violence, and I wouldn't have a bond until I saw a judge.
Come to find out, my roommate had been arrested 12 times previously, mainly for fighting. 😱 There was no way the solicitor was going to drop the charges because of his history, and since we were co-defendents, I couldn't get my case dismissed.
The solicitor charged us with two counts; one simple battery - family violence, and the second was simple battery, not family violence. A public defender instructed us to plead the fifth, and the state wouldn't be able to prove anything and would drop the case... That didn't happen.
I finally hired a lawyer, and he worked out a deal to plead guilty to one count simple battery with a $600 fine. So I signed a paper pleading guilty to simple battery. The judge, however, checks a box on the accusation saying in effect "As to count 1, guilty, count 2, merged."
I wasn't pleading guilty to the family violence charge, but that's how she marked it. Thankfully in the state criminal records, it shows my conviction as not being family violence. However with a private company, like Certiphi, they call up the state court, and the clerk reads tells them I was convicted of simple battery - family violence.
I was really worried about this, so I've called schools and they've said it isn't a big deal. Someone on SDN asked the credentialing folks for his anesthesia group (I'm leaning towards being an anesthesiologist assistant) if this would keep me out of a hospital, and the reply was no, as long as I was honest about the conviction.
I also saw a professional licensing attorney, who assured me I would have no problems getting licensed as an MD or PA.
That being said, I was denied the opportunity of volunteering in an ER because this showed up.. I now volunteer at a harm reduction/needle exchange organization.
Since you were granted deferred adjudication, you are in a much better position than myself. You aren't convicted..
Good luck, and don't give up because of this!
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Can't stress this enough... This is the first step to attempt to "pass" anything like this to medical schools. If you lie, it won't look good for you or your character.
Good luck to the both of you!
the conviction won't show up; the arrest will. I used to deal with this sometimes, on a professional level...but what do I know?
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You're right. I think arrests will always show even if you get charges/convictions expunged.
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I think this depends on the state. In Georgia, the only thing you can even get expunged is an arrest not leading to a conviction.
The arrest is no longer available to be seen by the public after an expungement, however it is still visible to law enforcement.
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It must vary state to state then. My state will not show anything on a record if it has been expunged (properly). My mom is a lawyer and the dean of law school. But I know nothing either. 😉
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Yup. I've had several friends get things 'expunged' before background checks, and each one had some little detail still show up that resulted in them explaining the situation to grad schools or employers. Wasn't a big deal, but still.
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It sounds like you served two weeks in jail & you pleaded to a misdemeanor... even if the charges were ultimately dismissed. Even if you get this through without AMCAS... these things do often show up on individual school's second looks and/or secondary apps.
Good luck.
Thank you everyone for responding. I am aware that this will show up on the background check and yes, I was given deferred adjudication which meant that the charges were dismissed. I am afraid that I will put this on the application and not be able to explain. However, I have to have faith that if I have gotten this far, I can make it into medical school. I just need to put one foot infront of the other and if it doesn't happen for me, then at least I tried. I will call the Medical Schools I am hoping to attend and talk to admissions. I am just trying to put my mind at ease. I made a lot of poor decisions, but it is my story and my experience. I have A LOT of people that will vouch for my sobriety and my character, as well as my mom who has told me that she will do whatever she can to help me. She wrote a letter and it is in my case file at the County Clerk's Office which states the true events that took place, so we do have documentation. And to the person who asked what drugs I was on... it doesn't matter. A drug is a drug, I was not on prescription meds, I was on street drugs. I have been sober for almost 4 years and come medical school application time it will be 6 years sober. While this puts me in an at risk category for having access to prescriptions, I also know that I have done everything in my power to make sure I don't go back to where I was. However, this arrest was not for drugs but, I will have to explain the assault which cannot be done without explaining why this happened (drugs).
