Misdemeanor while in Medical School

[Throwaway2010]

Currently in my M2 year and was falsely accused of assault (Class A misdemeanor, some drunk people saw someone fall and thought I punched them) when out one night with my girlfriend early in the school year. Lawyered up and the case has already been dismissed by the court. I also have character letters from multiple people including my girlfriend who was present the night of the incident and can attest to what really happened. The thing is clinical rotations are coming up soon and I'm pretty sure this will show up on the background checks that my school is going to do in the next few weeks.

So my questions are:
1. What does this mean for my future in medicine and how screwed am I?
2. I know licensing boards conduct federal background checks (so an expunged case will still show) but do ALL hospitals/clinics perform the same level of background checking?
3. Should I get ahead of the background check and try to meet with the Dean to disclose all of this since the case has already been dismissed? I've kept it on the low for months now (happened back in August) and my student hand book says nothing about needing to disclose anything criminal/legal, just that a hit on the background check means I have to meet with the Dean


Appreciate any and all advice.

---

Members don't see this ad.

 

[Cornfed101]

So were you simply charged or were you convicted? Those are very different.

 

[Throwaway2010]

So were you simply charged or were you convicted? Those are very different.

I was charged and had to turn myself in (so there's an arrest record), but the case has been dismissed by the court

 

[Cornfed101]

What has your lawyer said? I don’t think it would be an issue once they realize you were not convicted

 

[GoSpursGo]

This is probably a nothingburger. I would probably try to meet with your dean just for your own peace of mind and to avoid any unhappy surprises, but since you've already retained a lawyer check with them.

You are not screwed.

 

[medschoolaspirant]

I was charged and had to turn myself in (so there's an arrest record), but the case has been dismissed by the court

You are perfectly fine, as case is dismmed and there is no conviction.

 

[DivorceLawyer2011]

Currently in my M2 year and was falsely accused of assault (Class A misdemeanor, some drunk people saw someone fall and thought I punched them) when out one night with my girlfriend early in the school year. Lawyered up and the case has already been dismissed by the court. I also have character letters from multiple people including my girlfriend who was present the night of the incident and can attest to what really happened. The thing is clinical rotations are coming up soon and I'm pretty sure this will show up on the background checks that my school is going to do in the next few weeks.

So my questions are:
1. What does this mean for my future in medicine and how screwed am I?
2. I know licensing boards conduct federal background checks (so an expunged case will still show) but do ALL hospitals/clinics perform the same level of background checking?
3. Should I get ahead of the background check and try to meet with the Dean to disclose all of this since the case has already been dismissed? I've kept it on the low for months now (happened back in August) and my student hand book says nothing about needing to disclose anything criminal/legal, just that a hit on the background check means I have to meet with the Dean


Appreciate any and all advice.

Was it dismissed as in a nolle prosequi or a mere dismissal without prejudice? Or an abeyance holding? “Dismissed” is a broad term. Were you charged? Arraigned?

What jurisdiction are you in? If this does turn into a conviction, most states have some degree of expungement statutes. To the extent you are eligible, many of those states also allow not only the set-aside but a sealing of the record. While licensing authorities can still see it, such situations are far more favorable. Further, you often can have your lawyer file a motion to infract the misdemeanor. This would result in a reduction of the misdemeanor to an infraction like a ticket.

I had a client in a similar situation once (I’m a lawyer) and I filed something called a writ of error coram nobis. This can be used when not all facts were explained to you at the time of your sentencing, allowing for a set aside of the misdemeanor. To the extent that the licensing status was not explained on the record (again, in the event of a conviction) such a writ is likely possible. Most DAs will allow an infract motion to then be filed.
Combine this with an expungement and sealing and you should be golden any conviction resulted.

Beyond this, if you are re-charged (as many dismissals are temporary to allow for evidence gathering without speedy trial violations) you may seek an alternative diversionary program. This can hold a conviction in abeyance and dismiss it after completion of classes/anger management/community service.

 

[Throwaway2010]

Was it dismissed as in a nolle prosequi or a mere dismissal without prejudice? Or an abeyance holding? “Dismissed” is a broad term. Were you charged? Arraigned?

What jurisdiction are you in? If this does turn into a conviction, most states have some degree of expungement statutes. To the extent you are eligible, many of those states also allow not only the set-aside but a sealing of the record. While licensing authorities can still see it, such situations are far more favorable. Further, you often can have your lawyer file a motion to infract the misdemeanor. This would result in a reduction of the misdemeanor to an infraction like a ticket.

I had a client in a similar situation once (I’m a lawyer) and I filed something called a writ of error coram nobis. This can be used when not all facts were explained to you at the time of your sentencing, allowing for a set aside of the misdemeanor. To the extent that the licensing status was not explained on the record (again, in the event of a conviction) such a writ is likely possible. Most DAs will allow an infract motion to then be filed.
Combine this with an expungement and sealing and you should be golden any conviction resulted.

Beyond this, if you are re-charged (as many dismissals are temporary to allow for evidence gathering without speedy trial violations) you may seek an alternative diversionary program. This can hold a conviction in abeyance and dismiss it after completion of classes/anger management/community service.

I am unsure of the specific type of dismissal but they made me complete an 8 hour anger management course and the dismissal was signed the following day. I am working on the the expungement process but my lawyer is trying to get the 1 year waiting period waived first. Any idea on how likely it is for the waiting period to be waived for a class A misdemeanor in a state like Texas?

 

[DivorceLawyer2011]

I am unsure of the specific type of dismissal but they made me complete an 8 hour anger management course and the dismissal was signed the following day. I am working on the the expungement process but my lawyer is trying to get the 1 year waiting period waived first. Any idea on how likely it is for the waiting period to be waived for a class A misdemeanor in a state like Texas?

If you had to complete derivative requirements like anger management that likely was a diversionary dismissal. It can potentially be treated as a conviction if you had to enter a conditional plea in exchange for the diversion. It all-the-more sounds like this due to the expungement.

You may want to consider asking your lawyer to move for a reduction in the charge from misdemeanor to infraction before (or during) the expungement. This can result in a better background check, as there are limitations on infractions in background checks.

Finally, many jurisdictions allow a motion
For a declaration of factual innocence. You may ask your lawyer about it. This would be extremely helpful and can be used if picked up in a background check.

And, to answer your question, waivers are possible especially if there is a preponderance of evidence of factual innocence. This would need to be pled in your motion.

 

[yandorio]

Don't even bring it up with them. You have enough wiggle room here vis-a-vis murky/complex legalistic mumbo-jumbo based on your description. Only in America do we destroy careers over such ridiculous legalese/minutiae.