misdemeanor

[BostonBoy]

hi all, i got a misdemeanor when I was in HS and did not put it on my amcas app because it was expunged from my record after I turned eighteen. AMCAS states that I dont need to put it, but what about secondaries? they dont explain in detail for secondaries adn wondering if i should add it on. It was a while ago for stealing and ive never done anything like that since. What should I do? thanks.

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[chman]

Are you sure the original app did not ask you for it? When you apply for your license they will ask you for all crimes, whether expunged or not. Trust me, I have done a lot of research on this issue because I also have a misdemeanor from when I was 14. Lame, I know. Anyways I would check to make sure. They don't care about misdemeanors from when you were a juvenile...most of the time. What they do care very much about is someone withholding information aka lying. I would ask the school(s) directly and/or possibly ask an attorney.

 

[jcm14]

I also had a misdemeanor when I was in high school and got it expunged. It's not on my record anywhere, therefore it did not happen (from the mouth of an attorney). I did not put it on my AMCAS or on any secondary. Make sure it's completely off of your record, and then forget about it.

 

[chman]

I also had a misdemeanor when I was in high school and got it expunged. It's not on my record anywhere, therefore it did not happen (from the mouth of an attorney). I did not put it on my AMCAS or on any secondary. Make sure it's completely off of your record, and then forget about it.

Not to be a stickler but don't give advise that is not completely true. Your right that you won't have to put it on just about any job application. The one instance that you do need to put it on is for security clearance, and for jobs that require a license when working with the public (MD, nurse, physical therapist, etc.).

It is all in how the question was worded. If it was worded; "have you ever been convicted of a crime?" either on the med school app, or on the app to get your license then you must answer yes, even if it was expunged.

You will get in much more trouble for lying about it then just fessing up to something you did a as a stupid kid. But you don't have to believe me if you don't want. I'm not trying to be an a**, I just think it is fair warning.

 

[jcm14]

I agree, contact someone who is an expert. I looked into my own record, saw what was or was not there, then contacted a lawyer. I made the decision not to put it on any of my medical school applications as a result of what I found, and what I was told.

 

[chman]

I agree, contact someone who is an expert.
.

Bingo, that is your best bet. If you do, get a lawyer that specializes in this kind of thing as not all lawyers are skilled in all areas. Just pay extra attention to how questions are worded.

 

[ApoK]

If it's expunged, it didn't happen. Don't unnecessarily ruin your chances.

 

[chman]

If it's expunged, it didn't happen. Don't unnecessarily ruin your chances.

Please don't give advise to people that could seriously impact their life when you don't know everything about it. Get the advise of a professional OP and don't listen to people on here about something so important. Trust me, I have spent hours researching this issue.

 

[insane]

It depends on the state, some states have explicit laws stating that no employer in the state can request, information on records that have been sealed and/or expunged.

According to EPIC (electronic privacy information center) an expunged record is non-existent

The process of getting your criminal records sealed, destroyed, or cleared is referred to as expungement. The actual language, process, and effects of expungement vary depending on the state. The overall effect of an expunged record is to treat is as if it does not exist.

http://epic.org/privacy/expungement/

generally in most states when records are expunged they are removed from the system and destroyed from the record.

The Florida Department of Law Enforcement says this on their website

expunged (removed from our records) or sealed (placed under highly restricted access).

http://www.fdle.state.fl.us/content...-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx

Also most states automatically expunge juvenile records, so essentially they have been destroyed, not sealed, destroyed.

You should be in the clear, unless your trying to gain a security clearance you should be fine, you don't have to reveal expunged records to medical schools, they won't show up on the CertiPhi background checks which are standard for the medical industry.

 

[insane]

from your username im assuming your from MA this is what your law says

Juveniles must wait three years to have records sealed under G.L.c. 276, § 100B. There must be no adjudications of delinquency or guilt of oter vrimes during the three year period. If the records are sealed, they may not be used to disqualify the subject person from public employment, but may be used in imposing sentence for subsequent offenses in delinquency or criminal proceedings.

your clear.

 

[insane]

Also you can request a copy of your criminal record from your local court, or state police and check if the misdemeanor is on there, because what you see there is exactly what anyone that runs a background check on you will see.

 

[chman]

Once again bad advise is being given. Yes, it is true that for virtually all jobs you will not need to check the yes box for any crimes.

Regardless of the school issue this is going to come up when you apply for a license. Like I said before, it really depends on how the question is worded.

So once again, if the question is something like; "Have you ever been convicted of a crime as an adult or juvenile?" Then you must answer yes, whether it has been expunged or not. If you answer "yes" to one and "no" to another they will catch you for being dishonest. Further, just because something is expunged does not mean that there is no record of it. That just means there is no public record.

Like I said, I have researched this a lot. OP, don't let a bunch of people on a forum determine the course of your life.

Applying for a license to work around vulnerable people is different, and has different rules than most jobs, so normal laws are not applicable. Once again, if you are caught being dishonest you will be in a lot more trouble than simply disclosing the information.

Seek a lawyer, the only person that can answer you for real.

 

[Beta Cell]

Please don't give advise to people that could seriously impact their life when you don't know everything about it. Get the advise of a professional OP and don't listen to people on here about something so important. Trust me, I have spent hours researching this issue.

I'm not too experienced with the matter, but from reading the literature people have put up, it seems like sound advice to treat the issue as if it never happened. If something is expunged from your record, any search a school can do would not turn up the expunged misdemeanor. You can't tell me medical schools have more stringent requirements than the law does.

 

[chman]

I'm not too experienced with the matter, but from reading the literature people have put up, it seems like sound advice to treat the issue as if it never happened. If something is expunged from your record, any search a school can do would not turn up the expunged misdemeanor. You can't tell me medical schools have more stringent requirements than the law does.

It's not really about that though. Yes, the school would probably find nothing. But if the OP applies for a medical license, where he/she will need to admit everything, and there is conflicting information, then he/she will be in deep crud.

Like I said, it really depends on how the question is worded. But I think it is bad advise for people to pretend to be lawyers and give blanket statements that are not completely true. But I'm pretty much done with this, the OP can do whatever he/she wants. I am simply giving the advise that I have learned from a legal professional, schools, and the Washington State Health Department.

But I am not a lawyer, and neither is anyone else on here (I don't think). So I think we could probably all agree that it is best to contact an attorney to be safe. After all, we are talking about someone's future here.

 

[chman]

Also you can request a copy of your criminal record from your local court, or state police and check if the misdemeanor is on there, because what you see there is exactly what anyone that runs a background check on you will see.

That is also a good idea. Find out what background service the app service will be using and run a check on yourself. I had a misdemeanor "expunged" and it still showed an arrest, but it did not say what for. That is the kind of thing that will hurt you.

Not to mention that it is misleading that these charges will completely go away. If the OP got arrested again those charges would magically reaper, because they never completely left.

 

[himdoc]

HELP

When I was 20 I got a really stupid MIP charge- for alcohol, I was almost 21, with people who were 21 and I wasnt even drinking but a park ranger- not a cop- gave me a ticket anyway. Lots of us were under 21 but she chose me as the lucky one. Anyway thats beside the point but I was NEVER informed that I was being charged with a MISDEMEANOR! My parents thought it was just a fine, so did I so we paid it and didn't argue.

Everyone I asked durign the application process said this didn't need to be on my AAMC application, apparently it did! I got a call from Certiphi to verify and I told them that yea this had happened but I had no idea it was a misdemeanor.

Here is the worst part, I got into my top choice school, canceled every other interview, I am about to buy a home there for goodness sake and now I could get kicked out before I even start

So far I have called the admissions office, they told me to email a letter to the director of admissions which I did last night, explaining in detail the circumstances and begging for forgiveness.

Does anyone know what could happen? This was such a minor thing, if I had been only a few months older it wouldn't have even mattered, I've work wayyyy to hard for this to keep me from school. Please Help

 

[DonDraper]

I am in the exact same position as the poster above. I was actually 21 at the time and was fined for an open container of alcohol on a friend's front porch. I paid the fine and was told that it would not come up again-therefore I didnt put it on my AMCAS. However, the background check came up with
"Count 1: Miscellaneous municipal ordinance - bylaw violation" and notes that I paid a fine of $100. I am trying to decide if I should contact the Dean at the school I was accepted or not. The report even notes that the charge was "dismissed." What does everyone think? I am pretty worried since I have turned down 4 interviews since this acceptance.

 

[swamprat]

HELP

When I was 20 I got a really stupid MIP charge- for alcohol, I was almost 21, with people who were 21 and I wasnt even drinking but a park ranger- not a cop- gave me a ticket anyway. Lots of us were under 21 but she chose me as the lucky one. Anyway thats beside the point but I was NEVER informed that I was being charged with a MISDEMEANOR! My parents thought it was just a fine, so did I so we paid it and didn't argue.

Everyone I asked durign the application process said this didn't need to be on my AAMC application, apparently it did! I got a call from Certiphi to verify and I told them that yea this had happened but I had no idea it was a misdemeanor.

Here is the worst part, I got into my top choice school, canceled every other interview, I am about to buy a home there for goodness sake and now I could get kicked out before I even start

So far I have called the admissions office, they told me to email a letter to the director of admissions which I did last night, explaining in detail the circumstances and begging for forgiveness.

Does anyone know what could happen? This was such a minor thing, if I had been only a few months older it wouldn't have even mattered, I've work wayyyy to hard for this to keep me from school. Please Help

I'm sorry to hear about that, sounds horrible. Get a lawyer there's prob not much you can do since it is a misdemeanor and it does specifically ask on AMCAS about CONVICTIONS and you were convicted.

I am in the exact same position as the poster above. I was actually 21 at the time and was fined for an open container of alcohol on a friend's front porch. I paid the fine and was told that it would not come up again-therefore I didnt put it on my AMCAS. However, the background check came up with
"Count 1: Miscellaneous municipal ordinance - bylaw violation" and notes that I paid a fine of $100. I am trying to decide if I should contact the Dean at the school I was accepted or not. The report even notes that the charge was "dismissed." What does everyone think? I am pretty worried since I have turned down 4 interviews since this acceptance.

If you paid a fine I don't think it would technically be dismissed since that is "punishment" for a conviction. I think you should contact a lawyer and the school. Was it a misdemeanor or felony?

 

[DonDraper]

it was a misdemeanor

 

[elektroshok]

Damn, MIPs here are just like traffic violations.. not even a misdemeanor..

 

[SoundofSilver]

I am in the exact same position as the poster above. I was actually 21 at the time and was fined for an open container of alcohol on a friend's front porch. I paid the fine and was told that it would not come up again-therefore I didnt put it on my AMCAS. However, the background check came up with
"Count 1: Miscellaneous municipal ordinance - bylaw violation" and notes that I paid a fine of $100. I am trying to decide if I should contact the Dean at the school I was accepted or not. The report even notes that the charge was "dismissed." What does everyone think? I am pretty worried since I have turned down 4 interviews since this acceptance.

Dismissal means that you were not convicted, and therefore if it truly was dismissed then you answered truthfully to any conviction questions on your app. Did you plead guilty? If you just paid the fine without any sort of plea, then it's possible that it was dismissed without judgment of guilt. I would definitely contact a lawyer ASAP.

 

[DonDraper]

Thanks for the posts. I paid the fine without making a plea. I wrote an email to the school and explained what happened. Hopefully they will understand. If not, i'll contact a lawyer and see what happens.

 

[Bernoull]

hi all, i got a misdemeanor when I was in HS and did not put it on my amcas app because it was expunged from my record after I turned eighteen. AMCAS states that I dont need to put it, but what about secondaries? they dont explain in detail for secondaries adn wondering if i should add it on. It was a while ago for stealing and ive never done anything like that since. What should I do? thanks.

The OP's asking about answering Qs on secondaries not medical licensing. For secondaries, the answer is it DEPENDS on the specific question. Some questions ask about charges (catch-all type question) for this u must disclose. Some schools ask for convictions, this is disposition-dependent therefore look at ur court disposition, as ur charges dropped, nolle prossed, not guilty, guilty etc etc.. If you were NOT convicted, then u don't disclose...

Simple...

 

[himdoc]

Thanks everyone for your support! I am definetly going to contack a lawyer because I nor my parents have any memory of ever being notified that I was convicted of misdemeanor. Sounds like something I should have been told at the time. Never got a letter, never went to court, nothing. In that state it is a misdemeanor but could also be given in a citation.

Hopefully the admissions committee will have some pity and accept how the mistake happened and why I never reported it. I don't know what I'll do otherwise.

 

[MrCheetah]

Thanks for the posts. I paid the fine without making a plea. I wrote an email to the school and explained what happened. Hopefully they will understand. If not, i'll contact a lawyer and see what happens.

Bad move, man. This could burn you. You should have seen if you were ever CONVICTED of this. It sounds like you weren't, but you should call the clerk of court to confirm that.

If you weren't convicted then you weren't obligated to disclose it on your AMCAS or primary application and you wouldn't be in any risk of losing your acceptance if you simply did nothing. Let us know how it goes.

 

[DonDraper]

Thats the thing, I didnt disclose it on my AMCAS application because I didnt think I had to. However, it appeared on my background check. So I emailed the school to which I was accepted and described the violation. Ill report back when I hear. Thanks.

 

[RedSHIFT]

The OP's asking about answering Qs on secondaries not medical licensing. For secondaries, the answer is it DEPENDS on the specific question. Some questions ask about charges (catch-all type question) for this u must disclose. Some schools ask for convictions, this is disposition-dependent therefore look at ur court disposition, as ur charges dropped, nolle prossed, not guilty, guilty etc etc.. If you were NOT convicted, then u don't disclose...

Simple...

lol, I'm alarmed by the ignorance of the laws and legal concepts in this thread. Although I am comforted by the knowledge that everyone on this thread is applying to MEDICAL school.

1. If a school asks for "charges"....this is an extremely unethical question, more over very illegal. Check the laws. Employers/schools may only ask for Convictions.

2. A school during an interview/ application could never ask you...so John...ever committed a crime? Because that would be a violation of the 5th amendment (thank the founding fathers for that lol) Schools/Employers may only ask for CONVICTIONS.

3. Read the form on the certiphi background check....if you have been found guilty you do not have to report it on the form if.

a. you records were sealed/expunged
b. you received an executive pardon
c. etc. read the form

4. in some states, a young adult (not a juv) commits a crime and instead of being found guilty...they are "adjudicated" youthful offender. Once again...this is not a conviction. So you can report NO for criminal convictions. Assuming that is the only run in with the law.

Best of luck everyone. The charges in regards to alcohol should be explained to the schools because unfortunately they are convictions in your states. But I believe if you explain your position the schools will show you leniency.

 

[himdoc]

RedShift, thank you. I keep saying, I want to be a doctor, not a lawyer! Biochem makes sense, legal stuff no way. Anyway you seem like you might know; is it legal for you to be convicted of a misdemeanor without recieving any documentation of it? I only got a ticket that day, my parents and I looked it over closely and neither them nor I ever had any idea it was considered to be so serious.

 

[RedSHIFT]

RedShift, thank you. I keep saying, I want to be a doctor, not a lawyer! Biochem makes sense, legal stuff no way. Anyway you seem like you might know; is it legal for you to be convicted of a misdemeanor without recieving any documentation of it? I only got a ticket that day, my parents and I looked it over closely and neither them nor I ever had any idea it was considered to be so serious.

MIP (minor in possession) are typically misdemeanors. Unfortunately, when you pay a ticket, you essentially are pleading guilty. With that said...get a lawyer, see if in your state you can seal this conviction, and def. explain to the school that you had NO idea that this was a misdem. conviction. Sometimes you have no other choice but to plead "Ignorance."

 

[Bernoull]

lol, I'm alarmed by the ignorance of the laws and legal concepts in this thread. Although I am comforted by the knowledge that everyone on this thread is applying to MEDICAL school.

1. If a school asks for "charges"....this is an extremely unethical question, more over very illegal. Check the laws. Employers/schools may only ask for Convictions.

2. A school during an interview/ application could never ask you...so John...ever committed a crime? Because that would be a violation of the 5th amendment (thank the founding fathers for that lol) Schools/Employers may only ask for CONVICTIONS.

3. Read the form on the certiphi background check....if you have been found guilty you do not have to report it on the form if.

a. you records were sealed/expunged
b. you received an executive pardon
c. etc. read the form

4. in some states, a young adult (not a juv) commits a crime and instead of being found guilty...they are "adjudicated" youthful offender. Once again...this is not a conviction. So you can report NO for criminal convictions. Assuming that is the only run in with the law.

Best of luck everyone. The charges in regards to alcohol should be explained to the schools because unfortunately they are convictions in your states. But I believe if you explain your position the schools will show you leniency.

I don't see any contradiction b/t our posts..... mine is just shorter...

 

[redsquareblack]

Yeah, so pretty much what redshift said.

 

[himdoc]

MIP (minor in possession) are typically misdemeanors. Unfortunately, when you pay a ticket, you essentially are pleading guilty. With that said...get a lawyer, see if in your state you can seal this conviction, and def. explain to the school that you had NO idea that this was a misdem. conviction. Sometimes you have no other choice but to plead "Ignorance."

Thanks, I have sent a letter explaining to the school and I'm im the process of getting a lawyer to help. It can be a misdemeanor in my state but could also be given a a citation for first offense which mine was. In the meantime I getting emails from my school congratulating me and talking about next year. Just makes me feel worse!