misdemeanor

[AOSSBS]

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When residencies do a background check and ask on the form if one has ever been convicted or being charged with a criminal act, does one have to check yes for a misdemeanor? What do they do if you lie, or if you check yes....do they send you packing?

 

[Goose...Fraba]

yup, your screwd......just kidding I have no idea 😉
Goose

just givin ya a lil crap 😎

 

[mosche]

Having worked with a company that did do backround checks, I can assure you that most companies ARE NOT interested in misdemeanors. However, if you do indicate that you have a record that includes misdemeanors, be sure to clarify (i.e. traffic violations, etc...). The rule of thumb should always be: if you are unsure, ask! While misdemeanors, or even felonies for that matter, will typically not exclude you from employment, withholding information can/will.

Hope this helps.

 

[AOSSBS]

okay, so what about disorderly conduct? I have this pending, have to go to court, etc...first offense. Should I explain on form or check no?

 

[Doczilla]

okay, so what about disorderly conduct? I have this pending, have to go to court, etc...first offense. Should I explain on form or check no?

Assuming that strange rituals with animals is not considered disorderly conduct...

Have you been convicted yet, or is it pending? I'd go ahead and put it down on the form. They're not looking to exclude someone who raised a little hell, they're looking to filter out someone who is a) a pedophile or a thug, or b) has demonstrated poor judgement or character, such as by committing fraud, dealing drugs, etc. Some places may consider DUI a manifestation of poor judgement, though that may be more common with EMS and Police jobs since they have to insure you as a driver.


'zilla

 

[mosche]

If the charge is still pending, seek to have it expunged. A good attorney ought to be able to arrange some sort of legal out for such a minor offense. For example, if you were under the influence of alcohol, you might volunteer to attend an alcohol abuse program; if you were beligerant, you might attend anger management workshops. Such programs are low key manageable sentences, and will result in a clean slate!

If you have already been found guilty (BTW, a "no contest" plea is the legal equivalent of a "guilty" plea in most states) and are awaiting sentencing, suggest one of the above options to the judge, who will likely concur -- especially if she/he senses that you are contrite.

 

[mikecwru]

When residencies do a background check and ask on the form if one has ever been convicted or being charged with a criminal act, does one have to check yes for a misdemeanor? What do they do if you lie, or if you check yes....do they send you packing?

There was a resident several years ago in my program that wrote "B.S, xxxx college" on his app but actually got into med school early and never finished his/her degree. They found this out on the checkup of him/her and fired them.

Read the question carefully. They usually word it as "guilty of a misdemeanor other than traffic."

mike

 

[AOSSBS]

So, I'm to have it expunged via anger management classes. I should still put it down, right? I'd rather be fired for the truth than a lie I guess. Anyways, thanks for the advice!

 

[AOSSBS]

This is the question: "Do you have criminal charges pending against you or were you ever convicted of any crime anywhere, including in federal, state, local, military and tribal courts?"

Does this include misdemeanors? If I checked no, and they found out about the disorderly conduct charge, could I say that I was not aware that this question included misdemeanor charges? This is a vague question, so sorry to beat this into the ground.

 

[radonc]

This is the question: "Do you have criminal charges pending against you or were you ever convicted of any crime anywhere, including in federal, state, local, military and tribal courts?"

Does this include misdemeanors? If I checked no, and they found out about the disorderly conduct charge, could I say that I was not aware that this question included misdemeanor charges? This is a vague question, so sorry to beat this into the ground.

yes it does include misdemeanors. only if it says 'have you ever been convicted of a felony..." does it not include misdemeanors. its not going to look bad, you just have to provide an explanation. you will carry it for the rest of your life...every state licensure application, hospital privileges application, etc. being honest is what counts. more people than you know f'ed up one time or another. including me.

 

[f_w]

> "Do you have criminal charges pending against you or were you
> ever convicted of any crime anywhere, including in federal, state,
> local, military and tribal courts?"

Sorry, but there is clearly only one answer you can put here: Yes

But:
Scrape up some money, hire the best criminal defense shyster in town and try to get rid of this charge. Many states have systems of pre-trial 'diversion' for first time non-violent offenders. Some states also have a mechanism called 'Adjudication Contemplating Dismissal'. (If you are generally an upstanding citizen and behave for a set period of time e.g. a year, the charge gets dismissed.) That way, you will be able to answer 'No' to this question on the about 25 license and credential application heading your way over the next 10 years. If you plead guilty or get convicted, you will allways have that black blotch on your record.

One piece of advice:
DON'T LIE. If you start now, you will have to keep lying until the end of your career. If you end up in some malpractice litigation 10 years down the line, the plaintiffs shyster will dig up every bit of dirt he can find on you. The question 'So Dr, when did you stop beating your wife' is just the opener during depositions. This all might seem like a joke to you right now, but it can turn into big trouble down the line.

 

[tom_jones]

When residencies do a background check and ask on the form if one has ever been convicted or being charged with a criminal act, does one have to check yes for a misdemeanor? What do they do if you lie, or if you check yes....do they send you packing?

What about a misdemeanor when you were a minor? Do minor records count?

 

[KungPOWChicken]

When are these questions asked? Prior to matching or after matching?

 

[f_w]

> When are these questions asked? Prior to matching or after matching?

The only time I have seen these questions from a residency program was after the match and before you start. Once you are matched they might send you something called 'application for appointment to the resident house-staff' (or similar).

This is where you have to reveal whether you ever lost a license in a different profession (e.g. teeth-cleaner) or whether you have some mental illness impairing your ability to practice. Some states (e.g. WI) send for a criminal background check with the state police and run your name and SSN through a database of people owing child-support and the sex-offender registry before you are allowed to practice as a resident.

You will receive these 15 questions many many times down the line. Every time you apply for staff priviledges, a medical license or to be put on a health-plans roster etc. So, if you think you have some problems in that arena you might want to hire someone to look into ways to get your record cleaned up.

 

[coinlockerbaby]

how will having a misdemeanor affect you then in the long run? Will it keep you from getting licensed, or getting hospital priviledges?

 

[f_w]

> Will it keep you from getting licensed, or getting hospital priviledges?

I doubt it will (unless it is a drug conviction, sex offense or remotely related to child or elder abuse).

But as a minimum it means that you have to put a mark on the 'Yes' box and 'add additional pages for explanation'. State medical boards approve the applications without issues usually without even going through them. Some staffer checks the application for completeness and the board just summarily signs off on it at the next meeting. If there are 'issues' like past malpractice actions or criminal convictions, it means they will look at what you provided and decide whether they can approve you without further questions.

With the hospitals it can be more of an issue. They are very weary of bad press and might see a physician with a record on staff as a potential liability in that department. And they don't have to admit you to their staff, as a new physician you don't have too much recourse if they deny you.

And don't compare yourself to some local doc who you know got convicted on some misdemeanor and continued to practice. For a medical board to pull your license or a hospital to kick you off their staff, it takes a lot more 'dirt' than it takes for them to deny you one of these privileges in the first place.

 

[coinlockerbaby]

for a doctor in private practice, what kind of privelges/ approval do they need? I am wondering would it be hard for an insurance company to put my name in their books, or would a hospital not let me send patients there, because a misdemeanor that would be over ten years old at that point?

 

[f_w]

In most specialties you will need hospital priviledges (the right to admit and treat patients in the hospital) even if you never admit a patient. Most insurances require you to have admitting rights because they know that hospitals check the credentials of their docs.

(Of course, if you just hang up your shingle and treat patients for cash, the only people you need to convince that you are ok is the state medical board and your malpractice carrier.)

 

[mosche]

So, I'm to have it expunged via anger management classes. I should still put it down, right? I'd rather be fired for the truth than a lie I guess. Anyways, thanks for the advice!

In most states an expunged record is a "...reversal of finding." Harpers Law,1999. Therefore, if you were found guilty or pled no contest, the decision is reversed to NOT-guilty; thus, you can answer that you were not found guilty. It's similar to winning on appeal -- sure you were found guilty, but it was overturned. 👍

 

[f_w]

> In most states an expunged record is a "...reversal of finding."

Once in a while you will encounter a question containing: 'Have you ever been charged, been convicted or plead no contest in a criminal proceeding (include ALL events, even if the record has been expunged or sealed).'

The problem here is that this is not 'employment' where you have certain rights (e.g. to not mention juvenile or expunged records). The entire medical staff thing is 'applying for membership in an association', and they can ask you whatever they please.

 

[coinlockerbaby]

so basically, with a misdemeanor, i am screwed? i know i can get licensed somewhere, but hospitals and malpractice companies aren't going to give me rights, or are they?

i just want to know how much of an uphill battle i am facing, considering i am starting school soon.

 

[f_w]

>so basically, with a misdemeanor, i am screwed?

Not necessarily, if this is something minor and a long time ago probably nobody will ever care (exceptions: drugs, child-abuse and sexual offenses).

Your best bet is to look into whether your state allows you to apply for your record to be expunged. If this was your only offense and you haven't had any run-ins with the law ever since, there are ways to make it disappear. This type of stuff is done a lot when people try to join the military but have a borderline record.

 

[coinlockerbaby]

this state won't let it be expunged. basically, i plead guilty because all these people were lying and i didn't want to go to trial, because they were going to make up more charges. in fact, i didn't even do what i plead guilty to...but i don't want to get into it.

yeah, no drugs or kids or whatever involved.

 

[f_w]

I guess 'expungment' is not possible if you plead guilty.

Does your state (or the one you got convicted in) have a board of pardons ? If you are more than 5 years out with a clean record you might be able to go back and get a pardon. You might still have to disclose the conviction or arrest if specifically asked for it, but a pardon later on would help your case if it ever came up.

 

[coinlockerbaby]

I guess 'expungment' is not possible if you plead guilty.

Does your state (or the one you got convicted in) have a board of pardons ? If you are more than 5 years out with a clean record you might be able to go back and get a pardon. You might still have to disclose the conviction or arrest if specifically asked for it, but a pardon later on would help your case if it ever came up.

i don't think they have pardons for offenses as small as mine. My lawyer said they had certificates of rehabilitation, but those are for felonies.

 

[f_w]

Sounds odd, so you would have been better off to get your charges increased to a felony ;-)) ?

 

[coinlockerbaby]

i don't think insurance companies would not let me be intheir little book or whatever...they can't possibly be that unreasonable.

 

[f_w]

One thing you could do is to write to your state medical board and to inquire regarding their policies on criminal convictions.

 

[Murphy525]

I've been worried about similar issues. Although I'm not applying for liscensure for a long time, I do have something in my background that troubles me. I was caught for subway fare evasion three years ago (I'm starting med school this year, so yes, I am worried early.. I just happened on this thread though). Now this is not a misdemeanor, according to the police. However, if I must report it, even though it is only a violation, it does show poor judgement and questionable character.

 

[Andy Dufresne]

Yes. I agree with the others. Get the charge expunged, which shouldn't be terribly difficult if this is your first offense, a minor offense at that, and you can show for your good character.

As far as the question of misdemeanor, ask the dean of your school or the folks for the ERAS. You dont have to give out your name.

 

[undecided05]

Before even hiring a lawyer to get your charge expunged/sealed, you may want to call the district attorney for the city you were charged in. Often, if you've been "clean" for a certain amount of time, they will trash the charge anyways.. even if you plead guilty or nolo contesto.

 

[f_w]

'Expunging' a record is pretty straightforward and something you can actually force them to do if they dropped the charge later on or if your defense prevailed at trial.

If you plead guilty or got convicted the process is a bit more complicated. Depending on the state, you can go back and ask to have the conviction (or your plea) reversed or to get a pardon (based on you being a model citizen ever since). Once you have that, it is as if the conviction never existed and you can have it 'expunged' (it would still show up on higher level background checks by the FBI, the military or any sort of nuclear agency)

 

[LabMonster]

If the charge is still pending, seek to have it expunged. A good attorney ought to be able to arrange some sort of legal out for such a minor offense. For example, if you were under the influence of alcohol, you might volunteer to attend an alcohol abuse program; if you were beligerant, you might attend anger management workshops. Such programs are low key manageable sentences, and will result in a clean slate!

If you have already been found guilty (BTW, a "no contest" plea is the legal equivalent of a "guilty" plea in most states) and are awaiting sentencing, suggest one of the above options to the judge, who will likely concur -- especially if she/he senses that you are contrite.

Expungement may vary though. I had a charge expunged, but it was only expunged in the COUNTY of arrest. When a healthcare provider BG check is done, they sweep state and federal... If you ever get arrested, then you are fingerprinted - state and feds get copies of those.....

 

[coinlockerbaby]

ok, what i did was call my state licensing board, and this is what they told me. I spoke directly with the person that handles anybody who checks a "yes" box in the section that asks you if you've ever done anything wrong in anything.

She told me not to worry about it at all. She told me that if its a one time thing and it doesnt involve patient care, its not a big deal. Then she told me about some current doctor that urinated on someone. If worst comes to worse, you will probably have to go infront to the board, like if you did something wrong at work. They usually approve of you application, but you may have to do something like counseling for a year. But things like an isolated misdemeanor are not what they are looking for.

Basically, if its a stupid thing you did once years ago, they wont hold it against you. You wont even make it to the board that discusses questionable appliations.

Good luck.

 

[Sunz81]

so then are you gonna check yes or no?

 

[StoliBatoli]

Here's a question...

What would one say to a medical student applying for residency who recently had a severe injury that required pain medication...in the end, said student used marijuana to reduce the pain because of ineffectiveness/side effects of other pain medications. The student then traveled on vacation and brought paraphernalia (a vaporizer) with him/her to continue use of marijuana for pain, and was caught and charged with petty misdemeanor paraphernalia possession. no drug charges, only possession of paraphernalia.

Will this be enough for a residency, hospital, insurance company, etc to deny any sort of admission, staff appointment, admission rights, etc?

Thanks for your help.

 

[Blade28]

Wow. Good question.

Did you consult a lawyer when you were arrested and charged? What was the eventual outcome?

 

[f_w]

For a career in medicine:

drug related conviction: BAD
fondling little children: BAD
defrauding federal healthcare programs: BAD

 

[NotAProgDirector]

Here's a question...

What would one say to a medical student applying for residency who recently had a severe injury that required pain medication...in the end, said student used marijuana to reduce the pain because of ineffectiveness/side effects of other pain medications. The student then traveled on vacation and brought paraphernalia (a vaporizer) with him/her to continue use of marijuana for pain, and was caught and charged with petty misdemeanor paraphernalia possession. no drug charges, only possession of paraphernalia.

Will this be enough for a residency, hospital, insurance company, etc to deny any sort of admission, staff appointment, admission rights, etc?

Thanks for your help.

Although some experts believe MJ has reasonable medical uses, others disagree. In many states, it is illegal to use even if you are claiming it is medical in nature. Many programs require drug testing as part of the hiring process, and may do random testing also. If you are working in a state where MJ is not legal for medical use and you use it, you are breaking the law. You could easily lose your license, and then get terminated from a residency (because you have no license and broke the law).

Misdemeanors are not reported on ERAS. Some programs do background checks. If this is discovered, I would expect frequent random urine screens in your future.

Bottom line: If you are still using MJ to treat chronic pain, that's going to be a much bigger issue than a past misdemeanor conviction.

 

[Doowai]

I find it hard to believe all programs would not do FBI criminal checks, heck substitute teachers out here have to do that.

One program I interviewed at is now doing their drug testing via hair.

 

[mashnuts]

For a career in medicine:

drug related conviction: BAD
fondling little children: BAD
defrauding federal healthcare programs: BAD

Seems simple enough 😀

 

[NotAProgDirector]

I find it hard to believe all programs would not do FBI criminal checks, heck substitute teachers out here have to do that.

One program I interviewed at is now doing their drug testing via hair.

Interesting problem:

I can't afford to background check all applicants to my program. So, I'm stuck doing the background check after I match you.

I would have to put this in the contract, so that you'd know about it -- otherwise it might be considered a match violation (i.e. applicant could claim that the match is binding and I have to give them a spot as long as their "problem" doesn't prevent them from getting a license). If I find something and decide not to take you, then I'm short an intern. The scramble is long over.

Hence, there is a disincentive for programs to do background checks. If you find a problem, you lose an intern and can have real trouble refilling the spot.

I haven;t started doing this yet, but I'm thinking about it for this year as a test.

 

[Doowai]

I was caught for subway fare evasion three years ago (I'm starting med school this year, so yes, I am worried early.. I just happened on this thread though). Now this is not a misdemeanor, according to the police.

I saw an episode of KING OF QUEENS and the dad did this, I thought it was funny. Recently during a residency interviewed I came to a basket tool booth, had zero change and just drove through. I have the form ready to pay it, but have not paid it yet. Yikes.

I haven;t started doing this yet, but I'm thinking about it for this year as a test.

Yeah, I hear ya...money money money. Contracts contracts contracts. It just seems like it would be expected that someone with a position involving as much responsibility as a doctor would have a thorough criminal back ground check, at least as thorough as a substitute teacher.

I have a friend matching this year, who had been licensed in another health care profession 10 years ago or so. When he was a teenager he got caught stealing a stereo from a store. It was juvenile and he was told it his juvenile records were sealed. When he applied for licensure here in Arizona, the board held up his license and called him in to discuss it. He was shocked because he was sure his juvenile records had been sealed.

 

[Doowai]

Interesting problem:

.

SO what type of drug testing and methods does your program do?

Test for recreational drugs : meth, marijuana, other narcotics.

Test for cotinine : cigarette smoking. (one program I interviewed at is testing for cigarettes this year and a positive finding is cause for termination of contract).

Test for..what is it...carbohydrate deficient protein or something - tests for chronic alcohol consumption.

Other drugs?

Hair, blood or urine test?

I have heard the urine test called a liquid IQ test - because you would have to have a real low IQ to fail it, because if you just stop whatever you are taking a few days before you will test clean.

 

[MR1]

SO what type of drug testing and methods does your program do?

Test for cotinine : cigarette smoking. (one program I interviewed at is testing for cigarettes this year and a positive finding is cause for termination of contract).

I have heard the urine test called a liquid IQ test - because you would have to have a real low IQ to fail it, because if you just stop whatever you are taking a few days before you will test clean.

Our program just tested our urine, I am guessing it was for the major players, cocaine, MJ, opiates, benzos, meth. Drugs stay in urine for different amounts of time, I think cocaine is only there for 1-3 days but MJ can stay for 1-2 months. The cigarette one I can't believe, how can a program fire someone for smoking cigarettes???

Also our program didn't do a background check, it just asked the "any misdemeanors besides traffic violations" question. I have always wondered with this question would leaving off a DWI be okay because it is a misdemeanor and technically is a traffic violation. Anyway if your program is attached to a VA though you will have to undergo a FBI background check and they ask about "any" misdemeanors in the past 10 years.