Current Med Student with expunged misdemeanor, getting licensed and practicing.

[RossB8]

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I am a current second year med student.

Background:
I got into some trouble in undergrad in 2011, got arrested and charged with a misdemeanor in shoplifting (yes i learned my lesson, no need for degrading comments, thanks). I took care of all the problems i was dealing with in my life,got the charge expunged through PTI, was not convicted and did not plea guilty. So my record is clean to most background checks. got on the right path and applied to med school and got in.

My main concerns are
1) Licensing
2) Being able to be approved to prescribe drugs/antibiotics when practicing. (bc i know it has to do with the federal government, and they can see my charge)

Will i run into any problems?
What should my plans of action be?
Any advise?

 

[Ismet]

Moving to Allo

 

[RossB8]

Moving to Allo

What?

 

[Ismet]

What?

You posted in pre-allo. I moved your thread to the Allopathic forum, which is for med students, and a better place for your thread.

 

[tvelocity514]

Because it was expunged off of your record, you should be able to do both with no problem. No one will be able to see that charge on your record if it truly was expunged. @Law2Doc will have better knowledge than I, but this is what I have heard from people in the past.

 

[Mad Jack]

You will face no issues with licensure or obtaining a prescriber number.

 

[mimelim]

#1 Be honest with the medical boards when you apply for license.
#2 This will not stop you from being licensed.

 

[pathologyDO]

They do very thorough background checks and even expunged records can show up (some schools do FBI quality checks and if you were charged but not convicted, it still can be found).

Be honest on your apps and never try and downplay it. You can still be licensed, especially with it being only a misdemeanor that you weren't actually convicted of.

 

[idamaster]

How did you manage to get into med school or stay in after being arrested? Just curious.

 

[Aloft085]

I can't imagine that it would have any bearing on your ability to get a license. That would be ridiculous. In fact, for an expunged misdemeanor, employers may not even be able to legally ask you about it. I would consult a lawyer on that. It might cost you a few hundred bucks, but it would be worth it to not have to go around giving people the impression that you're a criminal. Of course state laws may differ.

 

[TeddyBoomBoom]

A single misdemeanor for shoplifting will not be a barrier to licensure.

 

[jeffk805dent]

I had a dismissed misdemeanor (before dental school) and now I am a practicing dentist. Keep the explanation short and simple and ask a lawyer for advice on what to write. If a dentist (which is not much in need compared to a physician) can get it, so can you.

 

[Non sibi sed omnibus]

With regards to state, county, DMV, and local records checks:

Arrests without convictions will stay on your background report for 7 years, per the FCRA.

Arrests that do not result in conviction (e.g. PTI, found not guilty, case dismissed), and are expunged, are by law removed from background reports even before 7 years post-disposition.

Convictions that are later reversed in the "interests of justice" (e.g. California Penal Code 1203.4) are by law removed from background reports even before the FCRA reporting limit. The arrest will still show up for 7 years post-disposition unless it is expunged.

With regards to Federal background checks:

Expungement and the FCRA (and even stricter state-level laws such as the California ICRA) do NOT affect FBI background checks since the Federal government is not subject to state law. Arrests, dismissals, convictions, PTI, etc. will show on your FBI background check for the rest of your life...and you WILL go through an FBI background check during licensing and while looking for a job at most medical facilities.

Keep in mind that there are several offshore background check companies that pay local courthouses for arrest and conviction data. Since they are offshore, they are not subject to US law, and can report whatever they choose for as long as they choose. Fortunately, most reputable organizations *don't* use these services, but that doesn't change the fact that the data is still available.

The best approach is always full disclosure.