Multiple undisclosed felonies?

[Gorophilic]

Hey SDN,

So I'm having a major issue and could really use some advice. When I received my post-acceptance criminal history report, I was shocked to see a number of felonies listed on it. The charges were trumped up and bs to begin with but that's not even the issue. Not only were the reported charges dismissed (arrested but never convicted and nolle prosequi'd), but the arrest record was expunged. I thought that either one of these circumstances would be sufficient to not need to disclose on AMCAS. Naturally, I disputed the report and today received the updated report. Instead of multiple felonies listed there's only one. This is still a major problem as I did not disclose it, the charge in question was dismissed, and the record of the arrest was subsequently expunged. I have proof of all of this, and sent it to Certiphi to no avail. Should I just release the report as is and notify my school of what's going on? I really did not want to have to bring all of this up and it makes me look sketchy. Currently I'm still disputing the report but I don't know what my next step will be if they refuse to remove it. Any advice is greatly valued!!

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[Gorophilic]

Also of note Certiphi claims that what I see in the report is not necessarily what the school will see and that if I release it the schools won't necessarily see the arrest. I don't believe them.

 

[plasticdiscoball]

This is something way beyond what an anonymous internet forum can help you with... you need to consult with a lawyer.

 

[libertyyne]

Lawyer up.

 

[AnotherLawyer]

If the facts are as you say this is no big deal. Your background check is wrong and you were truthful when you filled out your app. Explain the situation to the school and provide them with certified court documents showing the dismissal.

With that said, these companies don't just make stuff up. Your state is possibily misreporting your criminal history. Order a background check from your state and see if that's the problem. If so, get it fixed there.

 

[Gorophilic]

I've had numerous background checks for employment purposes and nothing has shown up until now so Certiphi must take extra steps. I'm tired of "lawyering up" and don't really need legal advice unless this results in adverse action. I guess I'm wondering if releasing the report will cast me in a negative light with admissions or if it doesn't matter since I'm already in. Or if what Certiphi says is indeed true and the school won't even see that portion of the report (I have my doubts).

 

[Chelsea FC]

I've had numerous background checks for employment purposes and nothing has shown up until now so Certiphi must take extra steps. I'm tired of "lawyering up" and don't really need legal advice unless this results in adverse action. I guess I'm wondering if releasing the report will cast me in a negative light with admissions or if it doesn't matter since I'm already in. Or if what Certiphi says is indeed true and the school won't even see that portion of the report (I have my doubts).

You don't get it , you need to lawyer up because the adverse outcome is that you will have your acceptance recinded.

 

[SpoiledMilk]

If it's not TMI, how long ago were these "infractions?"

 

[Gorophilic]

You don't get it , you need to lawyer up because the adverse outcome is that you will have your acceptance recinded.

I don't get what? I said I don't need representation UNLESS an adverse action occurred. Are you saying I need to lawyer up BEFORE that happens?

If it's not TMI, how long ago were these "infractions?"

Almost 6 years ago. Is that relevant?

 

[Toutie]

In light of recent happenings...interesting user name.

 

[Chelsea FC]

Also i think there is a method that schools use to report to AAMC if they feel the students

I don't get what? I said I don't need representation UNLESS an adverse action occurred. Are you saying I need to lawyer up BEFORE that happens?



Almost 6 years ago. Is that relevant?

Yes I would lawyer up as soon as possible. And to your earlier point about if it matters like u are already accepted the answer is yes. They are hundreds of qualified students waiting on waitlist for your spot. I would consult a lawyer to first reach out to Certiphi and if that doesn't work out to help u draft a email to the school.

 

[SpoiledMilk]

Almost 6 years ago. Is that relevant?

Yes since criminal background companies will not necessarily deleted/update their databases for expunged or sealed cases. They are suppose to and the lawyer that helped with your expunction should have followed-up and made sure all the companies got the court order and updated their databases. That's why Certiphi was able to pulled up these expunged cases. Call your lawyer who did your expunction and have them follow-up with all the companies....

 

[AttemptingScholar]

I don't get what? I said I don't need representation UNLESS an adverse action occurred. Are you saying I need to lawyer up BEFORE that happens?



Almost 6 years ago. Is that relevant?

Can't talk about the first thing, but this is good! Advisors/ADCOMs usually recommend waiting at least 5 years to show growth and maturity.

I will say though, you are acting like it's ridiculous you have been charged with multiple felonies. Yeah it's stupid that the charges got trumped up and that you (for some reason, I agree this is stupid) have to disclose charges that weren't convicted, but those are the rules and you presumably knew it was bad as you were doing it. I would RECOMMEND that, if you are asked (which you will be), you say "I was young, stupid, and some things got misrepresented. I tried to clear my record to better reflect myself and my values. I've grown a lot since then and I've learned from my mistakes." Handle it with maturity, even if it seems unfair. This is just interview advice, privately you can feel as mad about it as you please.

 

[ndafife]

I don't get what? I said I don't need representation UNLESS an adverse action occurred. Are you saying I need to lawyer up BEFORE that happens?

The adverse action is the school does its background check on you and sees that there is an undisclosed felony on your record. People get acceptances rescinded for undisclosed misdemeanors.

If you wait until your school contacts you about it to lawyer up, you run a lot of risk. This isn't like a judge telling a jury to ignore evidence, the admissions committee now knows you have some incident in your past that lead to multiple felony charges. They aren't going to ignore it just because they shouldn't have found out in the first place. Not knowing any details about the incident, and the fact it was 6 years ago helps, but all bets are off. And I doubt lawyering up at that point is going to be of much benefit to you.

So to echo other commenters, lawyer up.

 

[Gorophilic]

Starting to understand what @plasticdiscoball meant. Everyone here is ignoring the fact that I followed the AMCAS instructions to a tee. I didn't hide anything. I never plead guilty or nolo to anything. I wasn't convicted of anything. Getting a lawyer is pointless at this moment. Either way I received a PM from someone who ran into a very similar issue and got some great advice. (None of which involved adverse actions or getting a lawyer). Thanks for the advice, all.

 

[libertyyne]

It's simple. Your records are supposed to be expunged. A third party is incorrectly displaying charges that it should not be. A conversation with a lawyer might clear it all up and prevent the company from reporting it. Or you know you could let the school find out you were charged with a felony, this all assumes you werent asked for arrests on the secondary for the school you have been accepted to because if that's the case, the school might make you explain that.

 

[SpoiledMilk]

OP, while you might have gotten a solution to your current situation and be able to not get your offer rescinded by the medical school, you have to think of long term foreseeable consequences if you don't follow-up with a lawyer to get those third party companies to update their databases regarding the expunctions. All physician jobs you apply to after medical school might require a Certiphi-like background check and the arrest will still show up. It would be a shame to lose a residency, fellowship, etc because of that.

 

[Gorophilic]

So I was able to resolve everything! Turns out it was an oversight on the part of the bureau responsible for expunging my records. I felt like a lawyer myself calling all these different courthouses, agencies, and third parties making threats. Thank you @libertyyne and @DV-T for actual relevant comments.

 

[JustAPhD]

So I was able to resolve everything! Turns out it was an oversight on the part of the bureau responsible for expunging my records. I felt like a lawyer myself calling all these different courthouses, agencies, and third parties making threats. Thank you @libertyyne and @DV-T for actual relevant comments.

Very glad to hear that. An undisclosed felony on your app would have been a huge problem. Make sure you follow up with the proper bureaus to ensure that it will not appear on your record. Be a pest if necessary, it's your future.

 

[SpoiledMilk]

So I was able to resolve everything! Turns out it was an oversight on the part of the bureau responsible for expunging my records. I felt like a lawyer myself calling all these different courthouses, agencies, and third parties making threats. Thank you @libertyyne and @DV-T for actual relevant comments.

Great news, but unfortunately this is not the end. The next step requires a continued effort on your part or if you don't have the time in medical school, a lawyer, to ensure that the 3rd party databases are actually recording the expunctions. Gov't bureaus can send out the expunction orders and ideally, the addresses they have on file are correct, up-to-date, etc and the third parties actually updates their databases. However, companies can and do go out of business without letting the gov't bureau know, and their website with the arrest still exists on some database somewhere in the netherworld of the web. Gov't enforcement regarding these third parties are also lax, so they are not as motivated to the right thing.

Therefore, every 6 months or so, you should run a CBC on yourself to make sure the expunctions are updated. This ensures that you get ahead of any potential misreports and get them fixed before future employers' eye them.