Medical Licensing Background Check

[lockian]

I am a second year resident currently applying for a full medical license.

In 2009 I was arrested and charged with filing a false police report. The charges were dropped. I was not convicted. Afterwards, the case was expunged. I was 21, living at home, and had opened up a store credit card, even though this is something my mother frowned upon. My mother saw the card in the mail, and I was afraid of admitting to her what I had done (we had quite the dysfunctional relationship and I was full of anxiety), so I said I didn't know where the card had come from. My mother urged me to file a police report of identity theft, and I made the poor choice of going along with it. When I was charged I explained what happened, apologized, and the prosecutor chose to drop the charges.

Needless to say, I had learned from the experience and have never done anything like that again. I've been dealing with my anxiety and my dysfunctional relationship with mom -- those things aren't perfect but a lot better. But now I am applying for my full license, and they want you to disclose things even if it you were merely charged, and even if it was expunged.

I've talked to a lawyer and he told me to be upfront, write a statement of what happened and what I learned from it, and submit what they asked for. I called the state licensing board, and they said that "you'd be surprised what people get licensed with." They tend to look for repeat offenses, recent offenses, and very serious offenses.

I know this is irrational and highly unlikely, but I am still concerned that the board will see me as a person of questionable integrity who is going to commit medical fraud and falsify records. Filing a false police report is a "crime of moral turpitude" and was a felony in the state where it occurred.

Update: I am going to report the charges. That was never up for debate.

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[AdmiralChz]

In 2009 I was arrested and charged with filing a false police report. The charges were dropped. I was not convicted. Afterwards, the case was expunged.

Expunged, it's like it never happened. You can disclose if you want but you don't have to, it's not on your record and not searchable. I would just let it drop, personally.

This is a very long post and hints at some unresolved issues you have in your life. I'd consider having these addressed as they are much more likely to have an impact going forward than one random incident that's since been erased from your record.

 

[lockian]

Expunged, it's like it never happened. You can disclose if you want but you don't have to, it's not on your record and not searchable. I would just let it drop, personally.

This is a very long post and hints at some unresolved issues you have in your life. I'd consider having these addressed as they are much more likely to have an impact going forward than one random incident that's since been erased from your record.

Well, I do have unresolved personal issues, but doesn't everyone? I am working on my issues, which is why I've been able to live a good and successful life since.

The post is shorter now. And state licensing boards do want to know about everything, even if it was expunged and if you weren't convicted. That stuff can be seen on an FBI-level background check which the state licensing boards do.

 

[AdmiralChz]

I personally think you're way overthinking this, but I'll let others chime in.

And states aren't performing FBI or secret service background checks, you're a doctor not a federal agent with a security clearance

 

[PlutoBoy]

I am a second year resident currently applying for a full medical license.

In 2009 I was arrested and charged with filing a false police report. The charges were dropped. I was not convicted. Afterwards, the case was expunged. I was 21, living at home, and had opened up a store credit card, even though this is something my mother frowned upon. My mother saw the card in the mail, and I was afraid of admitting to her what I had done (we had quite the dysfunctional relationship and I was full of anxiety), so I said I didn't know where the card had come from. My mother urged me to file a police report of identity theft, and I made the poor choice of going along with it. When I was charged I explained what happened, apologized, and the prosecutor chose to drop the charges.

Needless to say, I had learned from the experience and have never done anything like that again. I've been dealing with my anxiety and my dysfunctional relationship with mom -- those things aren't perfect but a lot better. But now I am applying for my full license, and they want you to disclose things even if it you were merely charged, and even if it was expunged.

I've talked to a lawyer and he told me to be upfront, write a statement of what happened and what I learned from it, and submit what they asked for. I called the state licensing board, and they said that "you'd be surprised what people get licensed with." They tend to look for repeat offenses, recent offenses, and very serious offenses.

I know this is irrational and highly unlikely, but I am still concerned that the board will see me as a person of questionable integrity who is going to commit medical fraud and falsify records. Filing a false police report is a "crime of moral turpitude" and was a felony in the state where it occurred.

Don't worry about it. You can disclose it. I doubt it would hurt your chances to get a license.

I personally know people with a criminal record practicing medicine. The state boards want to get you the license. They are not trying to look for excuses to deny your application.

The person you talked with said it best:

l I called the state licensing board, and they said that "you'd be surprised what people get licensed with." They tend to look for repeat offenses, recent offenses, and very serious offenses.

I would take them at their word.

 

[lockian]

I personally know people with a criminal record practicing medicine. The state boards want to get you the license. They are not trying to look for excuses to deny your application.
I would take them at their word.

I will disclose it. The board said I have to. Here's the thing. There are crimes you committed because you were disinhibited and dumb, like DUI's or possession of drugs, and then there's crimes that have a bit more intentionality to them... Like filing a false police report or committing fraud. I will explain that I was scared and stupid, and have learned my lesson. That's all I can do. I just hope that since this is an isolated incident they will not think I have a moral failing where I cave and do bad things under pressure.


For reference:

According to the FSMB (federation of state medical boards):

To qualify for licensing: "The applicant should not have been found guilty by a competent authority, United States or foreign, of any conduct that would constitute grounds for disciplinary action under the regulations of the Board or the act. The Board may be authorized, at its discretion, to modify this restriction for cause, but it should be directed to use such discretionary authority in a consistent manner."

However, once you already have your license, your license may be subject to action up to an including revocation in the event of:

3. the commission or conviction or the entry of a guilty, nolo contendere plea, or deferred adjudication (without expungement) of: a. misdemeanor whether or not related to the practice of medicine and any crime involving moral turpitude; b. or a felony, whether or not related to the practice of medicine. The Board shall revoke a licensee’s license following conviction of a felony, unless a 2/3 majority vote of the board members present and voting determined by clear and convincing evidence that such licensee will not pose a threat to the public in such person’s capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust

In this, the word "commission" makes me nervous, because you don't have to have been convicted, a commission is simply the act of doing the crime.

 

[PlutoBoy]

I will disclose it. The board said I have to. Here's the thing. There are crimes you committed because you were disinhibited and dumb, like DUI's or possession of drugs, and then there's crimes that have a bit more intentionality to them... Like filing a false police report or committing fraud. I will explain that I was scared and stupid, and have learned my lesson. That's all I can do. I just hope that since this is an isolated incident they will not think I have a moral failing where I cave and do bad things under pressure.


For reference:

According to the FSMB (federation of state medical boards):

To qualify for licensing: "The applicant should not have been found guilty by a competent authority, United States or foreign, of any conduct that would constitute grounds for disciplinary action under the regulations of the Board or the act. The Board may be authorized, at its discretion, to modify this restriction for cause, but it should be directed to use such discretionary authority in a consistent manner."

However, once you already have your license, your license may be subject to action up to an including revocation in the event of:

3. the commission or conviction or the entry of a guilty, nolo contendere plea, or deferred adjudication (without expungement) of: a. misdemeanor whether or not related to the practice of medicine and any crime involving moral turpitude; b. or a felony, whether or not related to the practice of medicine. The Board shall revoke a licensee’s license following conviction of a felony, unless a 2/3 majority vote of the board members present and voting determined by clear and convincing evidence that such licensee will not pose a threat to the public in such person’s capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust

In this, the word "commission" makes me nervous, because you don't have to have been convicted, a commission is simply the act of doing the crime.

I understand. I would be nervous too. But I just don't see how reasonable people would deny you a medical license due to an isolated incident that happened years ago. That's not the intent of the board.

Again, I know physicians with criminal records (not expunged) that got a license after said crimes were committed. Some are worse than yours. I hope that helps you relax a little.

Good luck!

 

[lockian]

I understand. I would be nervous too. But I just don't see how reasonable people would deny you a medical license due to an isolated incident that happened years ago. That's not the intent of the board.

Again, I know physicians with criminal records (not expunged) that got a license after said crimes were committed. Some are worse than yours. I hope that helps you relax a little.

Good luck!

How bad are the crimes, just out of curiosity? You can PM me if you don't want to say here.

 

[PlutoBoy]

How bad are the crimes, just out of curiosity? You can PM me if you don't want to say here.

Assault and embezzlement.

 

[Winged Scapula]

You are overthinking this. About 1 in 1000 US medical students admit to committing a felony on AAMC applications. Heck, even hiring a hitman to kill your ex-wife doesn't disqualify you from getting a license:Medical board reinstated convicted felons – Orange County Register

Report it. If they want to know more, they will ask and you explain that you were coerced by a parent to make the report but regretted it, apologized and it was expunged.

I cannot imagine a state board caring any further.

 

[lockian]

You are overthinking this. About 1 in 1000 US medical students admit to committing a felony on AAMC applications. Heck, even hiring a hitman to kill your ex-wife doesn't disqualify you from getting a license:Medical board reinstated convicted felons – Orange County Register

Report it. If they want to know more, they will ask and you explain that you were coerced by a parent to make the report but regretted it, apologized and it was expunged.

I cannot imagine a state board caring any further.

Thanks for that. While I don't necessarily agree all of those people should've been given a second chance, the article seems like it's less about what you did and more about remorse, rehabilitation, and willingness to accept responsibility. And heck, I know what I did was stupid. I also didn't mean to hurt anybody -- that's why the charges were dropped.

Also, I'm always told to do the newspaper headline test:

"Doctor granted medical license after filing false police report 8 years ago, in a case where charges were dropped." Meh...

 

[Winged Scapula]

Thanks for that. While I don't necessarily agree all of those people should've been given a second chance, the article seems like it's less about what you did and more about remorse, rehabilitation, and willingness to accept responsibility. And heck, I know what I did was stupid. I also didn't mean to hurt anybody -- that's why the charges were dropped.

Also, I'm always told to do the newspaper headline test:

"Doctor granted medical license after filing false police report 8 years ago, in a case where charges were dropped." Meh...

Exactly.

My point is not that I felt the guys should have been licensed but to show you that what you did was no more than a hill o' beans.

 

[lockian]

My point is not that I felt the guys should have been licensed but to show you that what you did was no more than a hill o' beans.

I guess I just cannot get past the fact that filing a false police report is a "crime of moral turpitude." But I guess there's a reason they chose not to pursue it... The only moral failing was anxiety and stupidity.

 

[jdh71]

I am a second year resident currently applying for a full medical license.

In 2009 I was arrested and charged with filing a false police report. The charges were dropped. I was not convicted. Afterwards, the case was expunged. I was 21, living at home, and had opened up a store credit card, even though this is something my mother frowned upon. My mother saw the card in the mail, and I was afraid of admitting to her what I had done (we had quite the dysfunctional relationship and I was full of anxiety), so I said I didn't know where the card had come from. My mother urged me to file a police report of identity theft, and I made the poor choice of going along with it. When I was charged I explained what happened, apologized, and the prosecutor chose to drop the charges.

Needless to say, I had learned from the experience and have never done anything like that again. I've been dealing with my anxiety and my dysfunctional relationship with mom -- those things aren't perfect but a lot better. But now I am applying for my full license, and they want you to disclose things even if it you were merely charged, and even if it was expunged.

I've talked to a lawyer and he told me to be upfront, write a statement of what happened and what I learned from it, and submit what they asked for. I called the state licensing board, and they said that "you'd be surprised what people get licensed with." They tend to look for repeat offenses, recent offenses, and very serious offenses.

I know this is irrational and highly unlikely, but I am still concerned that the board will see me as a person of questionable integrity who is going to commit medical fraud and falsify records. Filing a false police report is a "crime of moral turpitude" and was a felony in the state where it occurred.

the lawyer already told you what to do

do it

done

 

[NotAProgDirector]

You mentioned that you have an anxiety issue. This is your anxiety manifesting. This is a non-issue. Report it (because they specifically asked you to). No one will care. It's far in the past and a relatively minor issue.

If you don't report it, and then they find it, then the act of not reporting it becomes a major issue, and fresh. Nothing upsets a board more than lying.

 

[lockian]

I understand. I would be nervous too. But I just don't see how reasonable people would deny you a medical license due to an isolated incident that happened years ago. That's not the intent of the board.

Again, I know physicians with criminal records (not expunged) that got a license after said crimes were committed. Some are worse than yours. I hope that helps you relax a little.

Good luck!

Yeah, interestingly I just found this: The Massachusetts Physician License Application: 9 Traps to Avoid - Kerstein, Coren & Lichtenstein, LLP

It talks about how the MA licensing board is ridiculously stringent and has denied licensed for minor issues such as shoplifting. That said, I am not in MA (thank goodness) and they do point out that MA is unusually sticklerish that way. But why would MA do that? And I wonder if the lawyers who wrote the article are trying to scare you since they want your business.

Can anyone in MA corroborate that it's harder to get a medical license?

Just out of curiosity, what state are you in?

I know it seems reasonable to most people and physicians (and I've talked to some mentors and peers in my program) that my issue isn't significant, but legal issues and governing bodies are known for being irrational at times.

 

[PlutoBoy]

Yeah, interestingly I just found this: The Massachusetts Physician License Application: 9 Traps to Avoid - Kerstein, Coren & Lichtenstein, LLP

It talks about how the MA licensing board is ridiculously stringent and has denied licensed for minor issues such as shoplifting. That said, I am not in MA (thank goodness) and they do point out that MA is unusually sticklerish that way. But why would MA do that? And I wonder if the lawyers who wrote the article are trying to scare you since they want your business.

Can anyone in MA corroborate that it's harder to get a medical license?

Just out of curiosity, what state are you in?

I know it seems reasonable to most people and physicians (and I've talked to some mentors and peers in my program) that my issue isn't significant, but legal issues and governing bodies are known for being irrational at times.

I think they want your business. This is not the norm.

 

[rokshana]

Yeah, interestingly I just found this: The Massachusetts Physician License Application: 9 Traps to Avoid - Kerstein, Coren & Lichtenstein, LLP

It talks about how the MA licensing board is ridiculously stringent and has denied licensed for minor issues such as shoplifting. That said, I am not in MA (thank goodness) and they do point out that MA is unusually sticklerish that way. But why would MA do that? And I wonder if the lawyers who wrote the article are trying to scare you since they want your business.

Can anyone in MA corroborate that it's harder to get a medical license?

Just out of curiosity, what state are you in?

I know it seems reasonable to most people and physicians (and I've talked to some mentors and peers in my program) that my issue isn't significant, but legal issues and governing bodies are known for being irrational at times.

yes Mass is a PITA of a license to get, but mostly because of the way they do the paperwork and apparently the fact that the US mail doesn't want to deliver to their offiice since it seems to take mailing things to them at least twice for them to actually get anything. I finally drove to their office and handed my paperwork to my case manager there...

It took ~ 5 months for me to get my unrestricted license in the initial application...the good thing is that renewal is quite quick...for the 600 + dollars they charge is should be...

 

[lockian]

yes Mass is a PITA of a license to get, but mostly because of the way they do the paperwork and apparently the fact that the US mail doesn't want to deliver to their offiice since it seems to take mailing things to them at least twice for them to actually get anything. I finally drove to their office and handed my paperwork to my case manager there...

It took ~ 5 months for me to get my unrestricted license in the initial application...the good thing is that renewal is quite quick...for the 600 + dollars they charge is should be...

Were there any blemishes on your record though, if you don't mind me asking?

 

[rokshana]

Were there any blemishes on your record though, if you don't mind me asking?

nope...so if you have issues, i can imagine that it takes even longer.

and realize, i held a training license IN mass while i was applying for the full license...they are definitely a sticky state...

 

[NotAProgDirector]

MA, TX, FL, Cali, and PA (less so) are notoriously more difficult.

 

[lockian]

Ok, just to update everyone, I got my license without a problem. The licensing board was actually confused for a while about why I submitted all the extra paperwork, and then told me I didn't need it, but I guess better safe than sorry. The state is WI.

 

[eagle14]

Ok, just to update everyone, I got my license without a problem. The licensing board was actually confused for a while about why I submitted all the extra paperwork, and then told me I didn't need it, but I guess better safe than sorry. The state is WI.

Hey Lockian,
in a similar situation with a sealed youthful offender charge from 2009. I chose to disclose to the licensing board with personal narrative. Did you also disclose this on your employment application for your residency program? I know mine does not show up on fingerprint background checks, but am concerned with inconsistency with reporting to licensure board vs HR at hospital. Thanks!

 

[BoardingDoc]

Hey Lockian,
in a similar situation with a sealed youthful offender charge from 2009. I chose to disclose to the licensing board with personal narrative. Did you also disclose this on your employment application for your residency program? I know mine does not show up on fingerprint background checks, but am concerned with inconsistency with reporting to licensure board vs HR at hospital. Thanks!

You literally just created a separate post to ask this same question where you stipulated that you had already spoken to two different attorneys who both gave you the same advice about disclosing. Get off an anonymous internet forum and listen to your lawyers. Both of them.

 

[lockian]

Hey Lockian,
in a similar situation with a sealed youthful offender charge from 2009. I chose to disclose to the licensing board with personal narrative. Did you also disclose this on your employment application for your residency program? I know mine does not show up on fingerprint background checks, but am concerned with inconsistency with reporting to licensure board vs HR at hospital. Thanks!

I've actually been getting a lot of questions from people about this, probably because of this post.

I'm no lawyer, but my general advice based on my experience is don't disclose anything you're not asked for. Read the questions asked on whatever onboarding application you get and answer them truthfully and to the best of your knowledge. Do not be concerned about inconsistently between medical school, residency, employment, and medical licensing board background checks.

Residency, medical school, licensing board, etc are different entities. They do different kinds of background checks, and they do not send background check info to each other. In fact, you need to consent to a background check, and it's a separate process every time. If whatever you have does not come up on one background check but does on another, then that's probably because the place with the less intense background check does not care about things that were expunged or whatever.

My med school, residency, and now post-residency employer asked about criminal background, but the way the questions were worded, expunged matters or matters where there was no conviction did not fall under the scope. So I did not disclose. Licensing bodies asked the questions in a way where said matters were specifically included, so I disclosed and had no problems.

 

[doctorKAT]

Do medical state boards background check include medical and mental health history?

 

[gutonc]

Do medical state boards background check include medical and mental health history?

Only if there are forensic issues.

 

[NotAProgDirector]

I've actually been getting a lot of questions from people about this, probably because of this post.

I'm no lawyer, but my general advice based on my experience is don't disclose anything you're not asked for. Read the questions asked on whatever onboarding application you get and answer them truthfully and to the best of your knowledge. Do not be concerned about inconsistently between medical school, residency, employment, and medical licensing board background checks.

Residency, medical school, licensing board, etc are different entities. They do different kinds of background checks, and they do not send background check info to each other. In fact, you need to consent to a background check, and it's a separate process every time. If whatever you have does not come up on one background check but does on another, then that's probably because the place with the less intense background check does not care about things that were expunged or whatever.

My med school, residency, and now post-residency employer asked about criminal background, but the way the questions were worded, expunged matters or matters where there was no conviction did not fall under the scope. So I did not disclose. Licensing bodies asked the questions in a way where said matters were specifically included, so I disclosed and had no problems.

This is state dependent. In my state, onboarding residents complete their board paperwork and send it to us. We complete our pieces and then send it as a package into the board. We review everything, so we'd see the discrepancy. Whether that will cause a problem or not would depend upon the details. In general, if it's something old/expunged, disclosing it on your ERAS application is very unlikely to make any difference and then avoids these types of problems. But I could see it either way.

 

[lockian]

This is state dependent. In my state, onboarding residents complete their board paperwork and send it to us. We complete our pieces and then send it as a package into the board. We review everything, so we'd see the discrepancy. Whether that will cause a problem or not would depend upon the details. In general, if it's something old/expunged, disclosing it on your ERAS application is very unlikely to make any difference and then avoids these types of problems. But I could see it either way.

Yes, when you get your initial training license, it's fairly normal for the residency to be directly involved in facilitating that, so that's an instance where there would be "crosstalk." Even so, if you disclose in one place but not another and both are reasonable ways to answer the question posed, I doubt there's any reason to fear.

Plus, when you file subsequently for any independent licenses, that's all you and the residency just completes a performance/graduation report.