I have a felony arrest for possession of a controlled substance and a misdemeanor arrest for shoplifting from 15 years ago (two separate incidents). Basically, I was a dumb 19 year old who had fallen in with the wrong crowd. In exchange for pleading no contest and doing some probation, conviction was withheld in both cases. I had the record sealed for the felony arrest. Will this keep me from being licensed? Should I disclose the felony arrest even though it is sealed?
Felony arrest?
- Thread starter dinho75
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This is not a question to ask a bunch of random wankers on the internet. This is a question to ask a contract/employment lawyer. Now. Before you bother going to another class or another lab or another day of your Surgery rotation or whatever it is that you're doing right now.
I thought perhaps someone may have known someone with a similar situation and could tell me what happened in their case.
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If we ever meet in real life remind me to buy you a beer or seven. I think we may be long-lost twins. I was thinking actually that (almost verbatim) and then read your post.
You should definitely follow gutonc's advice NOW.
I don't know how it is in other states, but in Ohio to apply for a license (including a training license for residency) you have to pay to have your fingerprints taken and a police and FBI report generated and sent directly to the Ohio State Medical Board. How are sealed records handled with that I don't know, but you definitely don't want to go to med school and graduate and find out you can't even get a residency spot (either because of your past arrests or because you won't be able to get a training license).
Also, the questionnaire for OH clearly states that you should answer "yes" to the felony arrest question EVEN IF the records were sealed or expunged. You could lie and say "no" but that constitutes perjury and possibly automatic revocation of your license in OH...all it takes is an angry ex-wife or ex-girlfriend or nurse that knows about your past and a quick letter or phone call to the state Medical Board.
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Here is what I would do if I were a premed in this situation.
1) Yes I would consult an employment attorney. I think it might be a good idea to contact your state of local medical society (you can find them in the phone book or online, most likely) to ask if they have any attorneys they would recommend who deal with physicians and contracts or licensing.
2) If you are already a med student or resident, I would still contact an attorney at some point, but wouldn't feel pushed to do it until a few months before getting your medical license.
3) Pretty much all state medical licenses ask questions about past convictions. I don't think there are hard and fast rules about who gets the license and who doesn't - they pretty much consider stuff on a case by case basis. There are people with far worse crimes than you committed who get or keep licenses. You should definitely not lie about what happened, because if they find out then you could get in bigger trouble. I think that how far in the past these convictions happened is in your favor, assuming you have a clean record since that time. I'm obviously not a lawyer and don't know anyone in a similar situtation to yours, but I do know that people with substance abuse convictions, etc. sometimes keep their medical licenses (but usually put on probation, etc.). I personally doubt that if you gained admission to med school and did a residency that you did well in, that a state would be likely to deny you a license.
4) My biggest concern in your situation would be for getting admission to medical school, because med schools now are likely (or certain?) to do background checks. So will residency programs where you have to train.
5) If I had this record, personally I would stay away from going for the specialty of anesthesiology. This is because they have a lot of access to controlled substances and have a higher than average rate of substance abuse/dependence. I would think that they would be probably too nervous to take you as a trainee because of your history.
1) Yes I would consult an employment attorney. I think it might be a good idea to contact your state of local medical society (you can find them in the phone book or online, most likely) to ask if they have any attorneys they would recommend who deal with physicians and contracts or licensing.
2) If you are already a med student or resident, I would still contact an attorney at some point, but wouldn't feel pushed to do it until a few months before getting your medical license.
3) Pretty much all state medical licenses ask questions about past convictions. I don't think there are hard and fast rules about who gets the license and who doesn't - they pretty much consider stuff on a case by case basis. There are people with far worse crimes than you committed who get or keep licenses. You should definitely not lie about what happened, because if they find out then you could get in bigger trouble. I think that how far in the past these convictions happened is in your favor, assuming you have a clean record since that time. I'm obviously not a lawyer and don't know anyone in a similar situtation to yours, but I do know that people with substance abuse convictions, etc. sometimes keep their medical licenses (but usually put on probation, etc.). I personally doubt that if you gained admission to med school and did a residency that you did well in, that a state would be likely to deny you a license.
4) My biggest concern in your situation would be for getting admission to medical school, because med schools now are likely (or certain?) to do background checks. So will residency programs where you have to train.
5) If I had this record, personally I would stay away from going for the specialty of anesthesiology. This is because they have a lot of access to controlled substances and have a higher than average rate of substance abuse/dependence. I would think that they would be probably too nervous to take you as a trainee because of your history.
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Oh yeah I think all the state medical license applications I have seen say that you have to disclose all convictions, as well as no contest pleas, etc. even if the record was expunged, etc. You could ask an attorney to see what actually will show up on the background check if the records are sealed, etc.
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Agree with all of the above.
However, if this happened long ago and if your record has been clean since, I doubt it will be much of an issue. There will be no way to know except when you apply. A lawyer can tell you how to answer the questions on license applications, but will be unable to tell you if you'll get a license for sure. But most likely, this will not be a problem.
More importantly, the question you need answered is this: On the ERAS application you will be asked whether you have ever been convicted of a felony. You need to find out from your lawyer how to answer this question, since it will certainly have a large effect on your interview offers. And, should you answer "no" but then disclose on your license app, you need to be sure that doesn't constitute fraud.
However, asking a lawyer is complicated. My experience is that lawyers are trained to look at what you want to do and then find legal arguments to support them. Sometimes, when you ask a lawyer what to do, they point out that there are several defensible options. Just because it's defensible doesn't mean it's a good idea -- i.e. if your lawyer tells you it's OK to answer "no" on the ERAS app and then your PD finds out your disclosure on your license app (or it shows up on a background check) they could accuse you of fraud and try to deny your match. Although you could try to "defend" your position, the fact of the matter is that this could be tied up in court for years, and would start you off on a bad footing with your PD.
However, if this happened long ago and if your record has been clean since, I doubt it will be much of an issue. There will be no way to know except when you apply. A lawyer can tell you how to answer the questions on license applications, but will be unable to tell you if you'll get a license for sure. But most likely, this will not be a problem.
More importantly, the question you need answered is this: On the ERAS application you will be asked whether you have ever been convicted of a felony. You need to find out from your lawyer how to answer this question, since it will certainly have a large effect on your interview offers. And, should you answer "no" but then disclose on your license app, you need to be sure that doesn't constitute fraud.
However, asking a lawyer is complicated. My experience is that lawyers are trained to look at what you want to do and then find legal arguments to support them. Sometimes, when you ask a lawyer what to do, they point out that there are several defensible options. Just because it's defensible doesn't mean it's a good idea -- i.e. if your lawyer tells you it's OK to answer "no" on the ERAS app and then your PD finds out your disclosure on your license app (or it shows up on a background check) they could accuse you of fraud and try to deny your match. Although you could try to "defend" your position, the fact of the matter is that this could be tied up in court for years, and would start you off on a bad footing with your PD.
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See, I don't understand this (I agree with you). If the legal system expunges your record, it should be treated as if it never happened. What's the idea of getting it expunged but then every licensing board/application in the future demands to know this information?
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Applying for a medical license is different as physicians are held to a much higher standard than somebody applying for a job in other fields. It is a privilege not a right. I am not a lawyer, but while your record may be "expunged" so that perhaps the general public can't look at it, the government always keeps these records and your state licensing board will get the information anyway.
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If this is so, then it would be optimal if the toughest hurdle were at the medical school level. It would be unfortunate for you to make that financial and time and investment and then be denied a license on the basis of something that was known prior to your admission.
I agree. I cant buy this ever happening unless there was huge fraud. If this did happen, we would hear about it from the admin at schools, etc'. Just think how many people get popped each year for minor drug crimes at fifteen.
I know someone who was in a very similar situation (and no, it isn't me.) She had the records expunged and was advised by her attorney to answer "no" on questions about prior felonies. I am NOT offering this as advice, just sharing an anecdote of one person's story. (I am not sure what her exact charges were but I know at least one was drug related.)
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In case you happen to run into medical licensure problems (which I really hope doesn't happen), you can start doing some research about non-clinical opportunities that don't require an active medical license.
Please keep us updated on your status (if you feel comfortable doing so).
Please keep us updated on your status (if you feel comfortable doing so).
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Scab,
there is no reason to be wither glib or trite, it is obvious that remorse is implied
there is no reason to be wither glib or trite, it is obvious that remorse is implied
