Disclose Sealed/Expunged Ohio misdemanor to AACOMAS/DO Schools or not

[pb9123]

I have been searching for months, and even contacted AACOMAS and D.O schools only to get the typical vague lawyer type relies "Do whatever you think is best" basically.


Am I required under the rules of AACOMAS to disclose a 4th degree misdemeanor record that has been sealed/expunged in the state of Ohio? I know that the lawyer told me that in Ohio, once a record is sealed, it's no longer considered a "Conviction" and that you can honestly say you have no arrest record of any kind, but he said he's not sure if that applies to medical schools or not, especially since some will be out of state obviously.


anyone here have experience in a similar situation?

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[MedPR]

I have been searching for months, and even contacted AACOMAS and D.O schools only to get the typical vague lawyer type relies "Do whatever you think is best" basically.


Am I required under the rules of AACOMAS to disclose a 4th degree misdemeanor record that has been sealed/expunged in the state of Ohio? I know that the lawyer told me that in Ohio, once a record is sealed, it's no longer considered a "Conviction" and that you can honestly say you have no arrest record of any kind, but he said he's not sure if that applies to medical schools or not, especially since some will be out of state obviously.


anyone here have experience in a similar situation?

They don't ask if you have an arrest record. They ask if you have ever been convicted of a misdemeanor/felony. You have. So you should say that you have.

However, you're probably going to reply with "well, if it's sealed/expunged how will they ever find out?". Then I'm going to say "Do whatever you think is best". Now you're right back to square 1.

 

[113]

I have been searching for months, and even contacted AACOMAS and D.O schools only to get the typical vague lawyer type relies "Do whatever you think is best" basically.


Am I required under the rules of AACOMAS to disclose a 4th degree misdemeanor record that has been sealed/expunged in the state of Ohio? I know that the lawyer told me that in Ohio, once a record is sealed, it's no longer considered a "Conviction" and that you can honestly say you have no arrest record of any kind, but he said he's not sure if that applies to medical schools or not, especially since some will be out of state obviously.


anyone here have experience in a similar situation?

If the charge is expunged, you can truthfully answer no. It won't show up on private background checks, like the Certiphi CBC that AMCAS uses. It will show up on government background checks, like when applying for state licensure.

Also, I think your lawyer is half correct. You can honestly say that you have not been convicted. Usually expungement involves changing the disposition from nolo contendere or guilty to dismissed before sealing the record. However, saying you have never been arrested is questionable. Technically, any arrest, even without any charges, constitutes an arrest record. I don't think expungement will affect your arrest record, but AACOMAS doesn't ask for it anyway.

 

[Mr Kenobi]

If the charge is expunged, you can truthfully answer no. It won't show up on private background checks, like the Certiphi CBC that AMCAS uses. It will show up on government background checks, like when applying for state licensure.

Also, I think your lawyer is half correct. You can honestly say that you have not been convicted. Usually expungement involves changing the disposition from nolo contendere or guilty to dismissed before sealing the record. However, saying you have never been arrested is questionable. Technically, any arrest, even without any charges, constitutes an arrest record. I don't think expungement will affect your arrest record, but AACOMAS doesn't ask for it anyway.

This.👍 From what I understand it becomes a language game. When AACOMAS asks if you have ever been "convicted" you can say no. If a specific schools secondary asks if you have ever been "charged" you will probably have to answer yes and then explain.

Also, as an aside note, I didn't apply MD but I know that AMCAS specifically states that expunged cases need not be listed.

 

[WTEngel]

sealed/expunged in the state of Ohio?

I am no lawyer, but to my knowledge "sealed" and "expunged" are two different things entirely.

 

[caianya]

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[pb9123]

I am no lawyer, but to my knowledge "sealed" and "expunged" are two different things entirely.

Well, sort of

In Ohio, "Sealed" and "Expunged" are often used interchangeably but when a record is sealed in Ohio only certain employers and law enforcement agencies can see your record if, and only if, you are applying for a job with them, also day care centers, schools, nursing homes etc.... I know for a fact that I will have to disclose this to the state licensing board when the time comes, but it's just a matter of what to disclose to AACOMAS and the individual schools.

"Expunged" means completely stricken from all records and destroyed permanently, actually tossing the file in the shredder.


So I'm really confused about this. I'm still ages away from applying to med schools but I don't want to waste my time if I'm going to have to list this on my application, and then have to compete against Nancy McPerfectLife and her 4.0 and no parking tickets.

 

[NontradCA]

So I'm really confused about this. I'm still ages away from applying to med schools but I don't want to waste my time if I'm going to have to list this on my application, and then have to compete against Nancy McPerfectLife and her 4.0 and no parking tickets.

This is a terrible way to look at it, but I can empathize. You can only change the things that effect your application, not others. So worry about you and remember that it's not just about medical school, it is also your education.. People make mistakes and maturity is the measure of what we learned from them. This comment lacks it. It's not Nancy McPerfectLife you should be worried about, it's Negative Nancy.

That will be 10 dollars.

 

[caianya]

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[Back 5]

They don't ask if you have an arrest record. They ask if you have ever been convicted of a misdemeanor/felony. You have. So you should say that you have.

However, you're probably going to reply with "well, if it's sealed/expunged how will they ever find out?". Then I'm going to say "Do whatever you think is best". Now you're right back to square 1.

That's pretty terrible advice. An expunged record means you have never been convicted. Typically this is something you can apply for after completing in a pre-trial deferment program. The courts then drop all charges and you can get your record expunged. At this point, you can legally say you have not been arrested nor convicted with a crime.

Although, the record is never really gone. There will always be a trace of things which can be accessed through higher channels.

 

[cliquesh]

If its expundged it won't show up on a commercial background check service. It will show up on a FBI back ground check. Medical schools that have VAs do FBI background checks. Every other school just uses the online commercial ones.

I don't think there is really a right or wrong answer. And I don't think it will matter either way.

You'll have to admit to it on many state medical licensing applications, though. By then, however, I'd imagine the crime would be at least 10 years old and I doubt anyone would care at that point.

 

[caianya]

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[caianya]

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[cliquesh]

VA equals Veteran affairs hospitals. I'm not sure if any DO schools rotate through the VA system, but most state MD schools have an associated VA hospital. VA hospitals do a pretty rigorous background check because its a federal system.