Dismissed convictions

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F.Underwood

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AAMC application does not require us to disclose dismissed misdemeanor convictions. However, some people say that you should anyway because it might show up on the background check.

Does anyone personally have any experience with having a dismissed misdemeanor conviction, not disclosing it, and then having it show up on the background check? If so, what happened? If you were not personally in this situation but know someone who was, please let us know and tell us how it turned out.

Thank you!

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I dunno, it can only harm you, and afterwards, you can just say it was dismissed so you didn't think it was necessary.

Honestly, I would call AAMC's AMCAS customer service. They are actually extremely friendly. I had a funny instance where they could not verify that a recommendation because it did not have a signature. I called, and it turns out the professor's printer ink ran dry around there and it was too faint to be acceptable. The rep joked that it was obvious it is, but officially it was not.
 
AAMC application does not require us to disclose dismissed misdemeanor convictions. However, some people say that you should anyway because it might show up on the background check.

Does anyone personally have any experience with having a dismissed misdemeanor conviction, not disclosing it, and then having it show up on the background check? If so, what happened? If you were not personally in this situation but know someone who was, please let us know and tell us how it turned out.

Thank you!
Even though dismissed convictions may not show up on the standard (Certiphi) background check, they are likely to show up on the background check performed when the school submits your name to their affiliating county, state or federal hospital. Many schools have wording in their technical standards that requires you to be eligible to train in affiliated hospitals. Depending on the wording in their secondary application you could be perceived as not forthcoming. For example, if they ask if you have been charged with or convicted of a crime. You would still need to answer in the affirmative (and explain).
 
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Even though dismissed convictions may not show up on the standard (Certiphi) background check, they are likely to show up on the background check performed when the school submits your name to their affiliating county, state or federal hospital. Many schools have wording in their technical standards that requires you to be eligible to train in affiliated hospitals. Depending on the wording in their secondary application you could be perceived as not forthcoming. For example, if they ask if you have been charged with or convicted of a crime. You would still need to answer in the affirmative (and explain).

I'm not sure how this factors in (it seems like things can be worded several different ways) but if the state has a diversion program and you are awarded this for a minor misdemeanor/citation/etc., then you were never actually "charged" and it wouldn't show up on anything but a government agency background check or something crazy like that. However, if you were somehow charged and then the charges were later dropped, I don't know how that process would work, or if it would show up.

If you honestly didn't think you needed to report it, and you were asked to explain at some point, I would just be honest and explain that you thought it didn't exist on record and didn't fit the criteria to report.
 
"Dismissed convictions" don't exist. You can either have a dismissed charge, a dismissed charge that is also expunged, or an expunged conviction. You have to report all non-expunged convictions to AMCAS. You do not have to report expunged convictions or dismissed charges. Dismissed charges that are not expunged will show up on a background check but you are not violating anything by not reporting to AMCAS (however some schools may require you to disclose all charges on their secondaries). Hope this helps.

EDIT: This is also state-dependent, the above applies for the grand majority of states. I think CA may have some sort of conviction dismissal for DUIs but I'm not completely sure.
 
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You can spend like...200-300 dollars and have a really, really good lawyer figure this out for you.

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I have a dismissed misdemeanor on my record that I didn't disclose and now I'm here studying for Step 1. However, my misdemeanor was vandalism because I broke a window in my younger years. I'm guessing that you might have some trouble if your dismissed conviction is of a more severe nature.
 
"Dismissed convictions" don't exist. You can either have a dismissed charge, a dismissed charge that is also expunged, or an expunged conviction. You have to report all non-expunged convictions to AMCAS. You do not have to report expunged convictions or dismissed charges. Dismissed charges that are not expunged will show up on a background check but you are not violating anything by not reporting to AMCAS (however some schools may require you to disclose all charges on their secondaries). Hope this helps.

EDIT: This is also state-dependent, the above applies for the grand majority of states. I think CA may have some sort of conviction dismissal for DUIs but I'm not completely sure.
Dismissed convictions do exist.
 
"Dismissed convictions" don't exist. You can either have a dismissed charge, a dismissed charge that is also expunged, or an expunged conviction. You have to report all non-expunged convictions to AMCAS. You do not have to report expunged convictions or dismissed charges. Dismissed charges that are not expunged will show up on a background check but you are not violating anything by not reporting to AMCAS (however some schools may require you to disclose all charges on their secondaries). Hope this helps.

EDIT: This is also state-dependent, the above applies for the grand majority of states. I think CA may have some sort of conviction dismissal for DUIs but I'm not completely sure.

You're forgetting that in some states convictions can be sealed as well, in which case you would not need to list them on your application IIRC.
 
Don't disclose it. You don't have to, and it most likely will not affect your chances to rotate at the affiliated hospitals.
What happens (every year) is that the person passes Certiphi, gets in, then we send him over to for hospital clearance the first week of school and pow, up pops the "expunged" record. Then comes the inevitable response that he thought he didn't have to report it . Then we decide if the nondisclosure merits revocation, or wait until the hospital decides that he can't have a badge. Either way, disclosure helps us prepare for and mitigate harm. OP needs to consult with counsel before deciding and carefully read his secondary applications. It's not the misdemeanor that will keep him out, it's the nondisclosure.
 
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So this is something I'm concerned about as well...I got three tickets (all for the same event) three years ago for MIP, fake ID, and drug paraphernalia. They were all expunged since and nothing shows up on the AAMC background check since they are expunged. However, the medical school I have been accepted to is affiliated with a VA so I'm not sure when I should disclose my tickets to a dean or something so they find out from me rather than from the VA if/when they do a federal background check on me....any thoughts?
 
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What happens (every year) is that the person passes Certiphi, gets in, then we send him over to for hopsital clearance the first week of school and pow, up pops the "expunged" record. Then comes the inevitable response that he thought he didn't have to report it . Then we decide if the nondisclosure merits revocation, or wait until the hospital decides that he can't have a badge. Either way, disclosure helps us prepare for and mitigate harm. OP needs to consult with counsel before deciding and carefully read his secondary applications. It's not the misdemeanor that will keep him out, it's the nondisclosure.

Wow. I have always been told that an expunged record is one that simply no longer exists on record. Maybe said person did not follow through with the proper protocol to expunge? If it happens every year though, I may have been misinformed. Sorry, OP.

Then again, @michow87 said his/her situation wasn't a problem. I would guess that this stuff varies by state.
 
Wow. I have always been told that an expunged record is one that simply no longer exists on record. Maybe said person did not follow through with the proper protocol to expunge? If it happens every year though, I may have been misinformed. Sorry, OP.

Then again, @michow87 said his/her situation wasn't a problem. I would guess that this stuff varies by state.
It is variable, and confusing.
 
Wow. I have always been told that an expunged record is one that simply no longer exists on record. Maybe said person did not follow through with the proper protocol to expunge? If it happens every year though, I may have been misinformed. Sorry, OP.

Then again, @michow87 said his/her situation wasn't a problem. I would guess that this stuff varies by state.
fyi, the op can name you in a lawsuit (ie sue you) if that person loses his/her admissions because you provided legal counsel.

My suggestion, delete everything or put a disclaimer. This is the same suggestion to everyone who gave something that even resembles legal counselling.
 
Wow. I have always been told that an expunged record is one that simply no longer exists on record. Maybe said person did not follow through with the proper protocol to expunge? If it happens every year though, I may have been misinformed. Sorry, OP.

Then again, @michow87 said his/her situation wasn't a problem. I would guess that this stuff varies by state.

My limited understanding was that sealed/nondisclosure agreements prevent your criminal history showing up to anyone BUT the government (e.g. FBI background checks) - I wasn't aware hospitals were also in this privileged circle. @gyngyn @KYmed
 
fyi, the op can name you in a lawsuit (ie sue you) if that person loses his/her admissions because you provided legal counsel.

My suggestion, delete everything or put a disclaimer. This is the same suggestion to everyone who gave something that even resembles legal counselling.

Is SDN required to give up their identity? How would the courts subpoena a random internet forum account?
 
What happens (every year) is that the person passes Certiphi, gets in, then we send him over to for hopsital clearance the first week of school and pow, up pops the "expunged" record. Then comes the inevitable response that he thought he didn't have to report it . Then we decide if the nondisclosure merits revocation, or wait until the hospital decides that he can't have a badge. Either way, disclosure helps us prepare for and mitigate harm. OP needs to consult with counsel before deciding and carefully read his secondary applications. It's not the misdemeanor that will keep him out, it's the nondisclosure.
I thought that dismissed and expunged were entirely different things in a legal sense. Dismissed applies to misdemeanors that are of the fine variety that do not require a conviction (traffic violations and the like, usually which get dismissed after driver retraining) while expunged applies to things that require a conviction and are wiped from your record after the fact. Expunged is a much bigger deal because you were actually convicted of something before a judge or jury, while dismissed offenses usually aren't as big a deal because you were cited but never went to trial. You are the adcom/faculty member though, so you know better than I do how much it'll affect a person either way.
fyi, the op can name you in a lawsuit (ie sue you) if that person loses his/her admissions because you provided legal counsel.

My suggestion, delete everything or put a disclaimer. This is the same suggestion to everyone who gave something that even resembles legal counselling.
Advice on how to approach the admission process is not exactly legal advice, but whatevs, I'm obviously not a lawyer so anything I say is coming out of the mouth of a layman and anyone that takes it seriously is a fool. I merely provided guidance that was consistent with the AMCAS application which specifically says not to disclose offenses that were dismissed in the instructions.
 
I thought that dismissed and expunged were entirely different things in a legal sense. Dismissed applies to misdemeanors that are of the fine variety that do not require a conviction (traffic violations and the like, usually which get dismissed after driver retraining) while expunged applies to things that require a conviction and are wiped from your record after the fact. Expunged is a much bigger deal because you were actually convicted of something before a judge or jury, while dismissed offenses usually aren't as big a deal because you were cited but never went to trial. You are the adcom member though, so you know better than I do how much it'll affect a person either way.

Advice on how to approach the admission process is not exactly legal advice, but whatevs, I'm obviously not a lawyer so anything I say is coming out of the mouth of a layman and anyone that takes it seriously is a fool. I merely provided guidance that was consistent with the AMCAS application which specifically says not to disclose offenses that were dismissed in the instructions.
Don't shoot the messenger. I wouldn't be the one naming you in a lawsuit.
 
fyi, the op can name you in a lawsuit (ie sue you) if that person loses his/her admissions because you provided legal counsel.

My suggestion, delete everything or put a disclaimer. This is the same suggestion to everyone who gave something that even resembles legal counselling.

Well I appreciate the advice. I am certainly not qualified to give anyone legal counsel. I was just sharing my impressions. Don't take any of these random musings to heart or as doctrine.
 
Well, OP, it might help if you disclosed to us what it was that was removed from your record. Not all misdemeanors will preclude hospitals from allowing you to work there, but certain ones might come up. Misdemeanor wreckless driving 51 in a 30 probably won't screw you, but drug charges, a violent offense, or a sex offense might. Thinking about what gyngyn said, it's probably just best to disclose across the board. If it's something serious, it might keep you from hitting clinicals and should be addressed up front, but if it's something minor, no one will care, so there's no harm in disclosing it anyway.

Disclaimer: I'm not a lawyer don't listen to a word I say.
 
Step 1: Make a call to your lawyer.
Step 2: ??????
Step 3: Profit!
 
Still wondering if anyone has thoughts on my situation. I didn't have to report anything on the primary according to the wording since it's expunged. Just wondering when/to whom I should inform the schools about my expunged tickets since they'll show up on the VA background check. I would really hate to have my acceptance revoked, especially after looking at the secondary and seeing it say nothing about disclosing being charged, arrested, etc. I want to be as honest as possible moving forward, I just know disclosing (when I didn't need to) would probably have prevented me from getting some acceptances.
 
Still wondering if anyone has thoughts on my situation. I didn't have to report anything on the primary according to the wording since it's expunged. Just wondering when/to whom I should inform the schools about my expunged tickets since they'll show up on the VA background check. I would really hate to have my acceptance revoked, especially after looking at the secondary and seeing it say nothing about disclosing being charged, arrested, etc. I want to be as honest as possible moving forward, I just know disclosing (when I didn't need to) would probably have prevented me from getting some acceptances.
Call your lawyer.

A $300 call is much much cheaper than a $300,000 mistake.
 
Still wondering if anyone has thoughts on my situation. I didn't have to report anything on the primary according to the wording since it's expunged. Just wondering when/to whom I should inform the schools about my expunged tickets since they'll show up on the VA background check. I would really hate to have my acceptance revoked, especially after looking at the secondary and seeing it say nothing about disclosing being charged, arrested, etc. I want to be as honest as possible moving forward, I just know disclosing (when I didn't need to) would probably have prevented me from getting some acceptances.
I honestly think, if you are this scared, yes, asking someone who knows about this stuff professionally is the best bet.

That being said, this thread makes it sound like medical schools and the medical world know way more than it actually can. Had a crush on Jenny in 1st grade? They know. Wet your pants that one time in the basement? Oh yeah, medicine's GPS satellites captured it all in raw detail.

Look, I've seen my predent roommate list himself as a URM with a white-as-a-castle name, and got in because of it. I've seen people omit US community college courses, and are currently practicing physicians. Medicine is not government, and it's reach is a poor shadow of the political world. Da Vinci Code was just a book/movie.

I'm not condoning either action, I'm just saying, ask someone if you are that worried, and don't freak out so much.
 
I honestly think, if you are this scared, yes, asking someone who knows about this stuff professionally is the best bet.

That being said, this thread makes it sound like medical schools and the medical world know way more than it actually can. Had a crush on Jenny in 1st grade? They know. Wet your pants that one time in the basement? Oh yeah, medicine's GPS satellites captured it all in raw detail.

Look, I've seen my predent roommate list himself as a URM with a white-as-a-castle name, and got in because of it. I've seen people omit US community college courses, and are currently practicing physicians. Medicine is not government, and it's reach is a poor shadow of the political world. Da Vinci Code was just a book/movie.

I'm not condoning either action, I'm just saying, ask someone if you are that worried, and don't freak out so much.


Thank you for your response...I haven't really been freaking out since I got in, but @gyngyn and her comments, especially as an attending, have made me think twice. I do have lawyers who I worked with on getting these tickets expunged, and they were the ones who told me I could and should respond "no" on the AMCAS misdemeanor question as it was within my legal right to do so. In addition, I have checked over the secondary again and it never asked about any charges. Thus, I still think I've done nothing wrong up to this point and I want to be forthcoming to the school moving forward. My lawyers don't know enough about the medical school admissions process as I have discovered, so I know they're competent enough to tell me what to say for a given question, but they can't necessarily tell me what to do in this situation. @gyngyn, do you have any recommendations on how to approach this situation? Should I mention it to a dean once school starts? Wait till our VA starts the background process? Any input is seriously appreciated.
 
Thank you for your response...I haven't really been freaking out since I got in, but @gyngyn and her comments, especially as an attending, have made me think twice. I do have lawyers who I worked with on getting these tickets expunged, and they were the ones who told me I could and should respond "no" on the AMCAS misdemeanor question as it was within my legal right to do so. In addition, I have checked over the secondary again and it never asked about any charges. Thus, I still think I've done nothing wrong up to this point and I want to be forthcoming to the school moving forward. My lawyers don't know enough about the medical school admissions process as I have discovered, so I know they're competent enough to tell me what to say for a given question, but they can't necessarily tell me what to do in this situation. @gyngyn, do you have any recommendations on how to approach this situation? Should I mention it to a dean once school starts? Wait till our VA starts the background process? Any input is seriously appreciated.
If the school didn't ask you about about your record, you are fine. It's when they specifically ask about your criminal history and you don't disclose that there are problems.
 
AAMC application does not require us to disclose dismissed misdemeanor convictions. However, some people say that you should anyway because it might show up on the background check.

Does anyone personally have any experience with having a dismissed misdemeanor conviction, not disclosing it, and then having it show up on the background check? If so, what happened? If you were not personally in this situation but know someone who was, please let us know and tell us how it turned out.

Thank you!
I know one person that applied without listing it because the rules said so. This person didn't have her record show up on the background. This was an MD school in CA if that matters.
 
I honestly think, if you are this scared, yes, asking someone who knows about this stuff professionally is the best bet.

That being said, this thread makes it sound like medical schools and the medical world know way more than it actually can. Had a crush on Jenny in 1st grade? They know. Wet your pants that one time in the basement? Oh yeah, medicine's GPS satellites captured it all in raw detail.

Look, I've seen my predent roommate list himself as a URM with a white-as-a-castle name, and got in because of it. I've seen people omit US community college courses, and are currently practicing physicians. Medicine is not government, and it's reach is a poor shadow of the political world. Da Vinci Code was just a book/movie.

I'm not condoning either action, I'm just saying, ask someone if you are that worried, and don't freak out so much.

I'm all for sweeping things under the rug whenever possible, but some of the the things you've mentioned can be easily found out and are not worth risking. Such as the URM thing and especially omitting US community colleges since those can be easily found out with the National Student Clearinghouse. It would really suck to always having to look behind your back. One wrong move or one unlucky moment can cause you to forfeit hundreds of thousands of dollars and your entire future. I've heard horror stories of people being punished even after having completed medical school! It just isn't worth it, not from a moral standpoint, but from a practical one.
 
I'm all for sweeping things under the rug whenever possible, but some of the the things you've mentioned can be easily found out and are not worth risking. Such as the URM thing and especially omitting US community colleges since those can be easily found out with the National Student Clearinghouse. It would really suck to always having to look behind your back. One wrong move or one unlucky moment can cause you to forfeit hundreds of thousands of dollars and your entire future. I've heard horror stories of people being punished even after having completed medical school! It just isn't worth it, not from a moral standpoint, but from a practical one.
I agree the risk isn't worth it, but again, you aren't dealing with the best and the brightest. These are not experts in background checks. You can read the articles about horror stories of how med schools go about google searching people, lol. Google searching, while useful for those who are not concerned about privacy, is an absolute waste of time for anyone who values their information. I haven't seen a horror story where, "applicant X was very security conscious and didn't share information publicly. The adcoms' amazing investigative prowess took them to the public records in city X, where they learned the shocking truth!" No, it's always something anyone with a computer and internet connection could do.

Just from my personal experience, I know there's a ton of stuff I could never mention or show, and my application probably would be all the better for it, but I list it all. And now that I've listed it once, I can't unlist it.

EDIT: I'm just going to add this. If you tell me you google search, it says one of two things:

1. your judgement of those who would make a good doctor is very poor. Why? Because I know you'll only google search the ones you are interested in, not EVERY applicant.

2. it speaks to the quality of medical students in general that google searching has been such a treasure-trove of exposure that you continue to practice it. If it yielded important results 0.000001% of the time, you wouldn't keep doing it.
 
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What happens (every year) is that the person passes Certiphi, gets in, then we send him over to for hopsital clearance the first week of school and pow, up pops the "expunged" record. Then comes the inevitable response that he thought he didn't have to report it . Then we decide if the nondisclosure merits revocation, or wait until the hospital decides that he can't have a badge. Either way, disclosure helps us prepare for and mitigate harm. OP needs to consult with counsel before deciding and carefully read his secondary applications. It's not the misdemeanor that will keep him out, it's the nondisclosure.

Is it possible for OP to run these "checks" on himself to see what, if anything, shows up?
 
Well, OP, it might help if you disclosed to us what it was that was removed from your record. Not all misdemeanors will preclude hospitals from allowing you to work there, but certain ones might come up. Misdemeanor wreckless driving 51 in a 30 probably won't screw you, but drug charges, a violent offense, or a sex offense might. Thinking about what gyngyn said, it's probably just best to disclose across the board. If it's something serious, it might keep you from hitting clinicals and should be addressed up front, but if it's something minor, no one will care, so there's no harm in disclosing it anyway.

Disclaimer: I'm not a lawyer don't listen to a word I say.

Good point Mad Jack, it is nothing serious. I was 18 and me and my friends were in possession of alcohol. I think I will not disclose since AAMC does not require me to.
 
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I think I will not disclose.
I was saying you should disclose if it's nothing serious, because no one will care anyway. It isn't going to hurt your app if it's something minor or silly, and you'll never have to worry about looking over your shoulder and being expelled for not revealing something in your app. Just that peace of mind should make it more than worth it IMO.
 
After calling various schools, I have come to the conclusion that I should not mention it in my primaries but send schools a separate update letting them know what will show up on my background check and explaining the details of the situation. This will keep my AAMC from knowing any information they do not need to.
 
After calling various schools, I have come to the conclusion that I should not mention it in my primaries but send schools a separate update letting them know what will show up on my background check and explaining the details of the situation. This will keep my AAMC from knowing any information they do not need to.
To the extent one cares about the ability to participate in government-funded programs, a conviction for certain offenses will prevent such participation.
 
I was saying you should disclose if it's nothing serious, because no one will care anyway. It isn't going to hurt your app if it's something minor or silly, and you'll never have to worry about looking over your shoulder and being expelled for not revealing something in your app. Just that peace of mind should make it more than worth it IMO.
This is stupid. Do you guys understand what rules are? The instructions clearly say you don't have to list it, so don't be a ***** and list it.
 
After calling various schools, I have come to the conclusion that I should not mention it in my primaries but send schools a separate update letting them know what will show up on my background check and explaining the details of the situation. This will keep my AAMC from knowing any information they do not need to.
Of course schools want it. They will take anything and everything to judge you. If the conviction is dismissed, don't list it. If a secondary requires you to list it, do it. If it doesn't, don't list it. The rules are clear. Schools can't violate it unless they want a lawsuit.
 
Of course schools want it. They will take anything and everything to judge you. If the conviction is dismissed, don't list it. If a secondary requires you to last it, so it. If it doesn't, don't list it. The rules are clear. Schools can't violate it unless they want a lawsuit.
Not having to list a conviction does not mean that you cannot be judged for it, it merely means that it is not included in the AMCAS. If the school does a background check that is more thorough than Certiphi, they absolutely can judge you based on the results of what turns up, as there are many things that can show on a background check that are not included in the application. AMCAS is a centralized application service. It does not determine what will or will not be used to ultimately determine whether you are admitted to a school, it merely provides a baseline of information that every school, at a minimum, requires. That's why secondaries and background checks exist, after all- to get more information to judge a candidate.

I'm no lawyer, OP, nor am I faculty. I'd consult with someone more versed in legal matters than some random people on a forum, as well as the schools in question, which you have already done.
 
i have a similar question. what if i was ticketed for a certain misdemeanor and after getting a lawyer it was reduced to a less severe misdemeanor of littering. I never went to court and just paid the fine. Do i need to list the original charge on my primary or secondaries? would i have to give more detail than: charged with "littering" on [date] in [city]. like events of the night, what i learned, etc?
 
Not having to list a conviction does not mean that you cannot be judged for it, it merely means that it is not included in the AMCAS. If the school does a background check that is more thorough than Certiphi, they absolutely can judge you based on the results of what turns up, as there are many things that can show on a background check that are not included in the application. AMCAS is a centralized application service. It does not determine what will or will not be used to ultimately determine whether you are admitted to a school, it merely provides a baseline of information that every school, at a minimum, requires. That's why secondaries and background checks exist, after all- to get more information to judge a candidate.

I'm no lawyer, OP, nor am I faculty. I'd consult with someone more versed in legal matters than some random people on a forum, as well as the schools in question, which you have already done.
No, they cannot. You are wrong. The application clearly says not to list it if it's dismissed. On top of that, schools cannot background check you until you try to matriculate. At that point their only option would be to kick you out and be sued for not following the rules. Besides, if it shows up, it must show up as dismissed. Innocent until proven guilty, and in the eyes of the law, regardless of previous conviction, that person is now in the clear after a dismissal of conviction.
 
i have a similar question. what if i was ticketed for a certain misdemeanor and after getting a lawyer it was reduced to a less severe misdemeanor of littering. I never went to court and just paid the fine. Do i need to list the original charge on my primary or secondaries? would i have to give more detail than: charged with "littering" on [date] in [city]. like events of the night, what i learned, etc?
No, the court never convicted you for the original charge, so you only list your actual conviction.
 
Thank you AlbinoHawk DO. Too many people think the medical world has more power than it actually does.
 
No, they cannot. You are wrong. The application clearly says not to list it if it's dismissed. On top of that, schools cannot background check you until you try to matriculate. At that point their only option would be to kick you out and be sued for not following the rules. Besides, if it shows up, it must show up as dismissed. Innocent until proven guilty, and in the eyes of the law, regardless of previous conviction, that person is now in the clear after a dismissal of conviction.
If the school specifically asked for arrests and convictions and it is not disclosed, and if the government background check reveals non-disclosed information that precludes the issuance of a badge, the school is within its rights to revoke admission.

This is why many schools whose primary teaching hospitals are government affiliated ask for this information in the secondary. So that an assessment of the risks to the applicant can be made and mitigated, if needed.
 
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