Dismissed, Expunged Drug Charge

[hopefull10101]

TO MODS and ADMINS:

Please delete this thread.

Thank you.

---

Members don't see this ad.

 

[Compass]

Weren't you supposed to disclose this in your AMCAS? Who knows what Certiphi will come up with? Maybe, maybe not.

 

[hopefull10101]

Weren't you supposed to disclose this in your AMCAS? Who knows what Certiphi will come up with? Maybe, maybe not.

If the record is expunged, you don't have to report it on AMCAS.

 

[icalz]

I can't recall exactly, but I thought we had to disclose any and all charges...even if they were dropped. I actually don't remember, so I'm not certain.....but I thought the amcas app stated "Have you ever been charged with a misdemeanor/felony?"

 

[hopefull10101]

i called AMCAS and I read on their website, you dont have to report expunged misdemeanors.

FYI: both of the dismissed charges were misdemeanors

 

[cicatrez879]

Hi,

I looked around on this forum, and I do know there are other threads about this, but I thought I would start a new one because the other ones seem dead.

My story: Last year I was charged with possession of drugs and possession of paraphernalia in the state of Pennsylvania on school grounds (FYI: at Penn State in the dorms). The charges were dismissed and expunged (I did not have to go through any probation or diversion program because the charges were dismissed). I just found out that I got accepted to Temple University School of Medicine (very excited about that). I'll have to do the background check with Certiphi sometime soon (i believe its after January 1st).

My question: Will this charge come up on the background check? and If it does come up, how do you guys think it will affect my acceptance?

Also, anyone who has gone through a similar experience (with a dismissed or expunged record), can you please post your stories.

Thank you in advance.

Where you caught by school RA's or by the police? Did you get a court date?

 

[hopefull10101]

!

 

[cicatrez879]

Hmm well I'm no lawyer but I would assume it wouldn't show up on the upcoming background check. What I'd be worried about is the licensing background check, which has a bad habit of finding anything and everything. It would definitely be a good idea to get some professional advice on this, because it would be a big waste to invest $200K and then find out you cannot legally be licensed.

 

[causalinference]

It won't show up on a regular background check. It might show up on an FBI background check, but medical schools don't require those (as far as I know).

 

[hopefull10101]

Hmm well I'm no lawyer but I would assume it wouldn't show up on the upcoming background check. What I'd be worried about is the licensing background check, which has a bad habit of finding anything and everything. It would definitely be a good idea to get some professional advice on this, because it would be a big waste to invest $200K and then find out you cannot legally be licensed.

thanks. I definitely will call a lawyer and check up on this. Right now, I am just worried about Temple taking away my acceptance

 

[nabeel76]

You don't have to disclose it at all. On the primary application they specifically ask for all misdemeanors and felonies that you were convicted of, not charged. I am 100% certain you don't have to. Whether it will show up on a background check is irrelevant because they are only concerned about convicted charges and that is all they asked for on the primary.

 

[njbmd]

It won't show up on a regular background check. It might show up on an FBI background check, but medical schools don't require those (as far as I know).

Most states require an FBI background check for licensing (I know for sure that Ohio is one of them). It would make sense for the OP to obtain a private background check and see what's there. Armed with that information, he/she can take whatever legal action is necessary.

 

[nabeel76]

Hmm well I'm no lawyer but I would assume it wouldn't show up on the upcoming background check. What I'd be worried about is the licensing background check, which has a bad habit of finding anything and everything. It would definitely be a good idea to get some professional advice on this, because it would be a big waste to invest $200K and then find out you cannot legally be licensed.

It shoudn't matter what you were charged with if you were never convicted of it. You are innocent until proven guilty in a court of law. If you were charged and not convicted in a court of law - well than your innocent. No licensing committee, admissions office, etc. can hold that against you because it would undermine the entire legal system in this country if they did.

 

[hopefull10101]

!

 

[JJMrK]

Contact a lawyer. Most of the responses you'll get here will be conjecture.

 

[nabeel76]

I did get a background check with VerifiedCredentials done for a job I was applying to, and nothing came up on that. However, what I am wondering is does that mean nothing will come up on the Certiphi background check?

Trust me you were not convicted of it so you can't be held accountable for it. If it shows up on the Certiphi background check DISPUTE IT because it doesn't belong to you and you were not found guilty of that crime. Certiphi sends you a copy of their results PRIOR to it going to med schools and you will have a chance to verify its accuracy.

 

[panthera]

Hmm well I'm no lawyer but I would assume it wouldn't show up on the upcoming background check. What I'd be worried about is the licensing background check, which has a bad habit of finding anything and everything. It would definitely be a good idea to get some professional advice on this, because it would be a big waste to invest $200K and then find out you cannot legally be licensed.

Wow this is pretty ridiculous. Has anyone ever heard of this actually happening to someone? It sounds like a huge lawsuit just waiting to happen if the state didn't license someone after spending 200k and four years of life devoted to medicine.

 

[nabeel76]

Contact a lawyer. Most of the responses you'll get here will be conjecture.

It's not conjecture. Here is a quote from the AMCAS 2009 Instruction Manual for the primary.

"Below you will find a search by search description of each check to be facilitated by the AAMC, and conducted by the AAMC's selected vendor, in support of the AAMC centralized criminal background check solution... Note that all criminal history searches will be conducted in order to collect criminal history as follows. The reports that result from these searches will NOT include criminal history in which the applicant: 1) ... 2) criminal matters with the following dispositions... DISMISSED etc. etc. etc."

http://www.aamc.org/students/amcas/amcas2009instructionmanual072808.pdf

Page 99. Criminal Background Checks.

 

[cicatrez879]

It's not conjecture. Here is a quote from the AMCAS 2009 Instruction Manual for the primary.

"Below you will find a search by search description of each check to be facilitated by the AAMC, and conducted by the AAMC's selected vendor, in support of the AAMC centralized criminal background check solution... Note that all criminal history searches will be conducted in order to collect criminal history as follows. The reports that result from these searches will NOT include criminal history in which the applicant: 1) ... 2) criminal matters with the following dispositions... DISMISSED etc. etc. etc."

http://www.aamc.org/students/amcas/amcas2009instructionmanual072808.pdf

Page 99. Criminal Background Checks.

The background check that Certiphi uses is different than the background check you will get later on if you pursue your MD degree.

 

[chman]

A few points.

-Did this happen when you were a juvenile?

-Did you go through trial, or where the charges dismissed first?

-Get a lawyer that specializes in this kind of thing.

-What was the wording of the question. As in, did it say "have you ever been arrested," or "have you ever been convicted." Big difference.

PM me if you want. I have done a lot of research on this kind of thing because I have a couple expunged misdemeanors from when I was a stupid kid. Not the same as your charges, but nevertheless.

P.S, just to let you know, most people on here will not give you factual information. Hence the lawyer.

 

[chman]

Contact a lawyer. Most of the responses you'll get here will be conjecture.

This is the truth.

Trust me you were not convicted of it so you can't be held accountable for it. If it shows up on the Certiphi background check DISPUTE IT because it doesn't belong to you and you were not found guilty of that crime. Certiphi sends you a copy of their results PRIOR to it going to med schools and you will have a chance to verify its accuracy.

How do you know? Are you a lawyer? Just because you think something, and may even be right, does not make it so.

 

[nabeel76]

The background check that Certiphi uses is different than the background check you will get later on if you pursue your MD degree.

Not sure I am following you here, I thought the Certiphi background check was the background check that the majority of medical schools use prior to matriculation? Are you saying that some schools do not use Certiphi but rather use their own screening checks? Or or you saying that schools use both Certiphi and an independent check of their own sometime during the pursuit of your MD.

Well either way, if you were not convicted in a court of law you are presumed innocent rather than guilty. As such, withdrawn and dismissed cases cannot be viewed as a guilty conviction. Which is why they ask you to only list misdemeanors and felonies that you were actually convicted of, plead guilty to, or no contest to on your primary application. I am not a lawyer, but I did have to fill out that section on my primary application and am 100% certain that they stated to list only misdemeanors that resulted in a conviction. It was specifically stated that charges that did not result in a conviction did NOT have to be listed. It would make no sense to list charges because in all actuality you might actually be innocent of the crime.

So medical schools cannot hold you accountable for not listing what they specifically tell you not to list.

 

[tungsten87]

as far as the legal background check you have nothing to worry about (if both of the dropped chargers were indeed expunged). the only thing that could cause an issue at this point is if the school has this on their student conduct record. professional schools call the office of student conduct of your undergrad institution to ensure you are in good standing with the university. if these charges are on your student file then they will find out and it will look extremely bad (especially if you answered no to the "have you ever had any type of institutional action taken against you blah blah"). if not, i think it is safe to say you're good.

 

[nabeel76]

This is the truth.



How do you know? Are you a lawyer? Just because you think something, and may even be right, does not make it so.

I know because I filled out that section of the primary application and it SPECIFICALLY says to list ONLY convicted charges so don't assume that I am speaking out of my ass here.

 

[nabeel76]

as far as the legal background check you have nothing to worry about (if both of the dropped chargers were indeed expunged). the only thing that could cause an issue at this point is if the school has this on their student conduct record. professional schools call the office of student conduct of your undergrad institution to ensure you are in good standing with the university. if these charges are on your student file then they will find out. if not, i think it is safe to say you're good.

This is the ONLY way that would bite you in the rear...

 

[chman]

I know because I filled out that section of the primary application and it SPECIFICALLY says to list ONLY convicted charges so don't assume that I am speaking out of my ass here.

All I'm saying is that it is best to let a lawyer determine for sure. Like I said, you are probably/ may be right, but on the off chance you are not it is best to leave it to the professionals.

 

[hopefull10101]

The background check that Certiphi uses is different than the background check you will get later on if you pursue your MD degree.

What do you mean by this?

 

[chman]

What do you mean by this?

You need to overcome two background checks.

The first is for school, and is usually, if I'm not mistaken, a background check from a private party. The second is to get your license to practice, that is an FBI federal check.

Contact your state board, aka the Department of Health in your state. They might be able to steer you in the right direction for the latter. I did that for my youthful incidents, and they were able to put my mind at ease, but it took multiple attempts.

 

[Laryngophed]

It would make sense for the OP to obtain a private background check and see what's there. Armed with that information, he/she can take whatever legal action is necessary.

x2.

Often your local sheriff's department or highway patrol office can provide you a copy of your CBC for a nominal fee. If you have only been in trouble with the state you are residing, this should be all you'd need. If you think you have violations in multiple states, spring for your own Certiphi (or another nationally renowned/accredited agency) and make take whatever action is necessary after that.

 

[Laryngophed]

It shoudn't matter what you were charged with if you were never convicted of it. You are innocent until proven guilty in a court of law. If you were charged and not convicted in a court of law - well than your innocent. No licensing committee, admissions office, etc. can hold that against you because it would undermine the entire legal system in this country if they did.

Actually, they can. There exists no right to be a physician, to be licensed, to be issued a DEA number or given privileges at any hospital. And how many times you've been charged and with what crimes can tell an AdCom a lot about your character. Maybe you didn't commit those crimes, but you were around people who did. That could predispose you to making bad decisions and that's unacceptable as a physician. The profession is dangerous enough without docs handing out narcs like candy or showing up to work under the influence. Those are extreme examples, but real concerns for AdComs and state licensing boards. It is in everyone's interest to thoroughly vette applicants. I'm sorry to burst your bubble, but while we are all innocent until proven guilty in a court of law, our future profession has no obligation to view us as such.

 

[Docere]

You will be fine. AMCAS had requested that you disclose any misdemeanors/felonies for which you were convicted (which you were not). Certiphi's background search will not turn up anything that was dismissed/dropped/found innocent for/pretrial diversion/deferred adjudication. Just make sure your file is expunged before applying for your medical license

 

[He2]

i paid for a certephi just in case, b/c i got neurotic as hell.

nada



sleep well my friend

 

[hopefull10101]

TO MODS or ADMINS:

Please delete this thread.

Thank you.