Falsely Accused of Terrible Crime

[falltime01]

I plan on applying to dental school for the first time this year. I am terribly conflicted about what to disclose on my application. This past school year I was falsely accused of rape. I'm still underage and alcohol was involved, it became a he said/she said situation. My school and the police were involved, and after a long investigation the police determined it was consensual sex, no rape occurred.

I wasnt charged, arrested, or convicted of a crime. Only under investigation. I was told the sealed file of the incident will never be made public to anyone. Do I need to disclose this?

When people hear you were accused of such a terrible crime they give you no time of day to explain what really happened. I don't want to talk about it, all my friends cut ties with me last year even though my name was cleared.

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[osker246]

Nope. If you were never convicted of a crime you don't have to disclose anything.

 

[O Gaúcho]

No need to disclose that you had consensual sex. Or that false claims every happened.

 

[Moose A Moose]

Disclose only what they inquire. If they ask if you were arrested- disclose. If they took your finger-prints, you were arrested and the charges were logged to the FBI database whether you expunge or not (expungement only goes to state level).

 

[Master Yoda]

You can't disclose something that did not happen.

 

[osker246]

Disclose only what they inquire. If they ask if you were arrested- disclose. If they took your finger-prints, you were arrested and the charges were logged to the FBI database whether you expunge or not (expungement only goes to state level).

I was under the impression that charges are brought on by a prosecutor. So somebody can be arrested and finger printed but that does not mean they were charged.

 

[allantois]

Innocent until proven otherwise!

 

[Incis0r]

all my friends cut ties with me last year even though my name was cleared.

This upsets me a lot - those guys weren't really your friends if they bailed on you like that and didn't even give you the benefit of the doubt when someone was trying to hurt you and your future.

Sorry, man. I'm glad you got cleared though.

 

[SmileItsLife]

I'm very sorry you had to go through that. Hopefully, you're life will go down a better path.

Hire a lawyer or a PI to see if your records are really sealed. I have often seen the opposite be true. Also, petition to get your fingerprints and DNA out of the databases at both state and national level. Legally if you weren't convicted with a crime you usually have to ask for them to remove you from the system, but you can be removed (<<All depends on the state if they will automatically remove you or if you have to petition it, but they will remove even if you have to petition it.) I would recommend all these steps even if you don't want to go to dental school because all grad schools and jobs will do a background check. This is something that will rightfully raise many red flags.

Also, don't disclose anything if it says CONVICTED on any application form. If it says CHARGED, I would ask a lawyer. If you were taken into police custody, you may have been charged even if the charges were later dropped. This is the reason to check if your records (both police/ court reports) as well as your biological markers have been erased from every database. Nothing is worse then being caught in a lie. In this case, the cover up is worse then the crime.

I hope you figure this out. I know hiring a lawyer or a PI is expensive, but this is something very important that can and will alter your future even if you decide to go down a different path.

 

[Mad Jack]

I'm very sorry you had to go through that. Hopefully, you're life will go down a better path.

Hire a lawyer or a PI to see if your records are really sealed. I have often seen the opposite be true. Also, petition to get your fingerprints and DNA out of the databases at both state and national level. Legally if you weren't convicted with a crime you usually have to ask for them to remove you from the system, but you can be removed (<<All depends on the state if they will automatically remove you or if you have to petition it, but they will remove even if you have to petition it.) I would recommend all these steps even if you don't want to go to dental school because all grad schools and jobs will do a background check. This is something that will rightfully raise many red flags.

Also, don't disclose anything if it says CONVICTED on any application form. If it says CHARGED, I would ask a lawyer. If you were taken into police custody, you may have been charged even if the charges were later dropped. This is the reason to check if your records (both police/ court reports) as well as your biological markers have been erased from every database. Nothing is worse then being caught in a lie. In this case, the cover up is worse then the crime.

I hope you figure this out. I know hiring a lawyer or a PI is expensive, but this is something very important that can and will alter your future even if you decide to go down a different path.

He wasn't arrested or charged, this sounds like an investigation only.

 

[SmileItsLife]

He wasn't arrested or charged, this sounds like an investigation only.

I know he said that, but quite often in police investigations DURING the investigation the suspect is lied to and is not quite sure of what happened. We obviously know OP wasn't convicted, but even if he didn't think he was charged- he might have been without knowing it. Legal terms are very precise, and there may be a lot of confusion on his end. I would be overly cautious in this type of situation because the negative consequences are large. It's not like asking if he can use two biology professors as LOR instead of one biology prof and one chem prof... I think you are probably right, but I would be a bit more cautious then the average person. I guess that's just me.

 

[Mad Jack]

I know he said that, but quite often in police investigations DURING the investigation the suspect is lied to and is not quite sure of what happened. We obviously know OP wasn't convicted, but even if he didn't think he was charged- he might have been without knowing it. Legal terms are very precise, and there may be a lot of confusion on his end. I would be overly cautious in this type of situation because the negative consequences are large. It's not like asking if he can use two biology professors as LOR instead of one biology prof and one chem prof... I think you are probably right, but I would be a bit more cautious then the average person. I guess that's just me.

Until a prosecutor formally brings charges, you are not charged with a crime. And trust me, once you're charged, you know it. They have to provide you with a list of charges, ask you about your attorney status, process you, and arrest you, then you have to make arrangements for bail.

 

[DrRickJames]

The AADSAS application will ask you two questions pertaining to these kinds of instances:

1) Have you ever been found to have violated a school rule, policy or procedure, or an honor code; or have you otherwise been disqualified, put on probation, suspended, dismissed, expelled, or otherwise been subject to disciplinary action at any college/university in connection to misconduct? Please include any and all instances of misconduct, regardless of whether the school maintains a record of such misconduct or formal action, or whether it appears on your transcript.
->If you answered "yes," enter an explanation here regarding each violation. Include 1) a brief description of the situation, 2) the specific charge(s) made, 3) the disciplinary action taken, and 4) a reflection on the experience and how the experience has affected your life.

2) Are you currently under charge or have been convicted of felony?
->If yes, enter an explanation in this box. Include
1) a brief description of the incident and/or arrest,
2) specific charge made,
3) related dates,
4) consequences and
5) a reflection on the incident and how the incident has impacted your life.

It seems to me that if the case is closed then the answer to both questions is no and nowhere on your application should this instance be disclosed.

Many supplemental applications will also have a section where they ask the same questions in slightly different language. Pay close attention to the key words but I believe your answer would always be no.

 

[Alpha Centauri]

Absolutely do not include it. You weren't charged or convicted of it. Three things can happen:

1)You can apply and have the smallest tingle of regret or worry about not mentioning it, get interviews and acceptances, and be on your merry way to dental school without issue
2) Same as above except at some point after your interview or acceptance they find out about this accusation (not a charge or conviction) and as you for more info about it
3) The admissions committee sees the word "rape" on your application and throws it out before even seeing the rest of your portfolio

No need to include it man. I'm sorry this happened to you, it is really sh*tty of the kind of world we live in where things like this happen and people don't know the impact of their words. Good luck this cycle

 

[Moose A Moose]

I was under the impression that charges are brought on by a prosecutor. So somebody can be arrested and finger printed but that does not mean they were charged.

Charges are brought on by the arresting officer. It's the prosecutor's job to see that you are convicted of that said charge. If you are arrested- and printed- you are charged with something.

They both work for the state, and once under arrest/charged- against you.

 

[osker246]

Charges are brought on by the arresting officer. It's the prosecutor's job to see that you are convicted of that said charge. If you are arrested- and printed- you are charged with something.

They both work for the state, and once under arrest/charged- against you.

Yeah, I don't think that's how it works. Arresting officers are the ones who file reports with district attorney's office. The DA then decided what cases to pursue and what charges should be sought out based on the report and evidence. In OPs case, the case was dropped, thus there were never any charges. There may be a report, but definitely not any charges.