Need some SERIOUS advice about a really dumb/old mistake...

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LabMonster

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:scared:

I was arrested in 1995 for possession of THC. In exchange for the sentence, the judge agreed the charge would be expunged.

Skip to 2000: I thought expungement meant the charge was cleared from my record... Evidently not, as it showed up when I applied to my clinical laboratory science program. The healthcare background check dug up the dirt - to my dismay. Equally unsettling was the fact I marked "Never been convicted of anything other than a minor traffic violation." Does that question sound familiar?

Today, I emailed my advisor about the situation relating to the AMCAS, and the language she replied with leads me to infer some schools will see this conviction and drop me without another thought. Others, she said, may directly or indirectly make decisions with the information - and regardless, I need to be prepared to field questions about it.

Obviously, the honest thing is to disclose everything on the AMCAS - that being said, I am now EXTREMELY nervous about the consequences. Obviously it was a dumb thing, but it was also a dumb thing done by a dumb kid - ten years ago! I can field interview questions just fine; I'm worried about not getting the opportunity to interview.

Does anyone know how schools handle this info? Are there schools you know of that will take my app fee, see my Cheech impression and shred my app (ie any conviction for anything = rejection)

:scared:

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If i were in your position I would want the adcom to know for certain that I have learned from the mistake. To that end I would follow the credo: actions over words. You should send a separate letter or in the amcas portion explain the situation, that you learned from it, and what you did or are doing i.e teaching drug abuse education, or working for DARE or something to those ends. I dont see much else possible. Good luck
 
If it happened before you were 18, I would try to forget it since it shouldn't show up (no idea how it came up in '00). It happened such a long time ago- I doubt anyone would care if it does show up. From reading through this board, I've heard of ppl with weed convictions get accepted.

Best of luck
 
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Get an attorney. Get it exsponged. Once exsponged your under no obligation to disclose anything to anyone except god. I have never had to do this but
I've known people who have. don't listen to any of these little wankers on this board including me when it come to matters such as these. Talk to an attorney, good Luck!--Ben.
 
Will Ferrell said:
If it happened before you were 18, I would try to forget it since it shouldn't show up (no idea how it came up in '00). It happened such a long time ago- I doubt anyone would care if it does show up. From reading through this board, I've heard of ppl with weed convictions get accepted.

Best of luck


ahh, good point; forgot that if it was before 18 prob doesnt show up; but still check with a lawyer
 
benelswick said:
Get an attorney. Get it exsponged. Once exsponged your under no obligation to disclose anything to anyone except god. I have never had to do this but
I've known people who have. don't listen to any of these little wankers on this board including me when it come to matters such as these. Talk to an attorney, good Luck!--Ben.

benelswick is totoally correct. I know people who have done it. Even though the judge said it would be exsponged, someone in the courthouse or whatever probably never got around to it. Get an attorney in the state where you were arrested ASAP and for a couple hundred bucks, he will make sure it will clear. That way you can be certain and you know you won't have to worry about it. I would definitely try this before the whole "honesty" route. The reason the judge offered to do this for you in the first place is because he didn't want it to follow you around for life.

Also, ask the attorney about financial aid and if you are eligible. There is a US law that says you are not eligible for financial aid if you have ever been convicted of some drug crime. I'm not sure if its possession or selling or what...but have him look into for you while you are at it...cause that could be a big pain later on.

Good luck!!!
 
I got financial aid for my undergrad.... The weird thing is, it seems to show up at certain times, and not at others.. It is frustrating.

I think I will go the lawyer route.

Where is Law2Doc when you need him? :D
 
LabMonster said:
:scared:

I was arrested in 1995 for possession of THC. In exchange for the sentence, the judge agreed the charge would be expunged.

Skip to 2000: I thought expungement meant the charge was cleared from my record... Evidently not, as it showed up when I applied to my clinical laboratory science program. The healthcare background check dug up the dirt - to my dismay. Equally unsettling was the fact I marked "Never been convicted of anything other than a minor traffic violation." Does that question sound familiar?

Today, I emailed my advisor about the situation relating to the AMCAS, and the language she replied with leads me to infer some schools will see this conviction and drop me without another thought. Others, she said, may directly or indirectly make decisions with the information - and regardless, I need to be prepared to field questions about it.

Obviously, the honest thing is to disclose everything on the AMCAS - that being said, I am now EXTREMELY nervous about the consequences. Obviously it was a dumb thing, but it was also a dumb thing done by a dumb kid - ten years ago! I can field interview questions just fine; I'm worried about not getting the opportunity to interview.

Does anyone know how schools handle this info? Are there schools you know of that will take my app fee, see my Cheech impression and shred my app (ie any conviction for anything = rejection)

:scared:

Was it a felony or a misdemeanor? This is important. If it was a misdemeanor, you don't have to put that down on your AMCAS application. Some schools ask about misdemenors on their secondary apps but some only ask you to explain felonies.
 
Code Brown said:
Was it a felony or a misdemeanor? This is important. If it was a misdemeanor, you don't have to put that down on your AMCAS application. Some schools ask about misdemenors on their secondary apps but some only ask you to explain felonies.

Misdemeanor possession

I'm a bit pissed that this thing is showing up - reared up during employment checks too! The laywer I had will definitely be getting a call later, as well as the clerk of courts...

I can't believe I didn't think about this sooner!
 
Dude, you're trying to be a doctor. Fess up, be honest, tell them the truth (even if it is expunged). And chill.
 
Babooshka said:
Dude, you're trying to be a doctor. Fess up, be honest, tell them the truth (even if it is expunged). And chill.

I just looked up my court records. The pot is not there, speeding ticket is there - no other conviction.

Weird. Perhaps healthcare criminal background checks can bypass the standard check.
 
definitely have a lawyer make sure everything is expunged. they often (probably more often than not) do not actually expunge it unless you have someone go make sure it's taken care of. this is a fairly easy task. if you have any lawyer family friends, maybe ask them.
 
If it has officially been removed from your record, it is illegal to discriminate against you because of it. If it has been expunged, then, in the eyes of the law, "you were never convicted". Keep that in mind when applying.
 
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Sounds like you are taking the necessary steps in this situation, so this is probably unnecessary. But keep in mind that schools probably won't waste their time and money checking your background until after you are accepted. And possibly just before you matriculate. So the worst case scenario is not that you never get a chance to explain yourself in the interview. The worst case scenario is that you get accepted, drop all your other applications/acceptances, and then you have your acceptance revoked next summer.

So definitely get a lawyer. After you have exhausted everything he/she can do for you, then if there is ANY chance that it may come up on a background check, you should seriously consider the honesty route. Some schools may care and some may not, and it is better to know which is which before may 15th, when you can only hold one acceptance.

I'm not knowledgeable about the legalities involving them holding an expunged conviction against you, but I have a good feeling that they could find a way around it. I'm sure they reserve the right to withdraw an offer of acceptance for any reason. And it may or may not hold up in court, but do you really want to sue your way back into a med school? The process alone would cost you a year, even if succesful.

Again, it sounds like you are on top of it, so I wouldn't worry. I'm sure this will not keep you out of school or from becoming a doc.

Good luck.
 
I believe the reason the conviction is showing up on background checks and not in your court records is because of the following.

When someone wants to preform a background check they do not hire a private investigator to comb through public records and search for everything on a particular individual. Instead they contract with a company who maintains essentially an enormous database of everyone they can. These companies will update their records constantly with new information available in the publc domain, i.e. property sales, court proceedings, divorce, arrests. However, I very much doubt these companies take the time to maintain the accuracy of each individual file since they have millions of them.

Like an earlier poster said it was probably a simple mistake at the courthouse and unfortunately the information got out.

You should certainly speak to the lawyer who represented you as well as perhaps a new one who specializes in this sort of thing. What might be more important is to find out what exactly is in your background file. I am sure you can purchase a copy just like everyone else. I am not sure if AMCAS even runs background checks on applicants but if they do finding the particular company they contract with and having your lawyer rectify your file might be the best remedy.

That said whether your decide to tell AMCAS and med schools about it is obviosuly a personal ethical decision.

However, the appearance of the conviction on background checks is a legal issue and one which you appear entitled to remedy.

Do keep us posted.

JoeyB
 
LabMonster said:
Misdemeanor possession

I'm a bit pissed that this thing is showing up - reared up during employment checks too! The laywer I had will definitely be getting a call later, as well as the clerk of courts...

I can't believe I didn't think about this sooner!

Since it's a misdemeanor, don't worry about it for the main AMCAS application. Look at the list of schools you plan on applying to and see what they need individually before you freak out. Some won't ask about non-felonies.
 
Regardless of whether or not the conviction is expunged from your record or not, medical schools ask you if you were ever convicted of a crime, not whether one is "on your record". Thus, you must tell them that you were convicted of that crime.
 
Babooshka said:
Regardless of whether or not the conviction is expunged from your record or not, medical schools ask you if you were ever convicted of a crime, not whether one is "on your record". Thus, you must tell them that you were convicted of that crime.

That is one thing that med schools do that I really lothe. Courts are legal authorities. If they say medical schools (and others) should not be allowed to see your records, medical schools should respect that. Questions like that are little more than an attempt to bully applicants and do an end-run around the legal system. It's sick and should be illegal.
 
trinitrotoluene said:
That is one thing that med schools do that I really lothe. Courts are legal authorities. If they say medical schools (and others) should not be allowed to see your records, medical schools should respect that. Questions like that are little more than an attempt to bully applicants and do an end-run around the legal system. It's sick and should be illegal.

1. Why are all you people saying that you do not have to disclose a misdemeanor on AMCAS? It asks if you were ever convicted of ANYTHING other than a civil infraction, that means misdemeanors too :idea:

2. What court ever said that med schools should not be allowed to see records? Court records are public documents avaliable to view under the Freedom of Information Act. Remember, you have right to a PUBLIC trial?

3. For all you folks on these other MJ threads opining about how harmless MJ is, here is yet another reason NOT to use it.
 
Babooshka said:
Regardless of whether or not the conviction is expunged from your record or not, medical schools ask you if you were ever convicted of a crime, not whether one is "on your record". Thus, you must tell them that you were convicted of that crime.

So what if you got a ticket for something, say, Disorderly conduct? Technically speaking, it's not a conviction, it's a ticket. It may still show up on your record, but you were never convicted of anything. Then what do you do?
 
Offear said:
So what if you got a ticket for something, say, Disorderly conduct? Technically speaking, it's not a conviction, it's a ticket. It may still show up on your record, but you were never convicted of anything. Then what do you do?

When you pay a ticket, you are admitting guilt and foregoing your right to a trial. Read the back of your ticket. Even with a traffic violation, you have the right to go to trial, but when you just pay the ticket, you admit guilt(get convicted) and pay the fine. The back of your ticket will also tell you if it is a misdemeanor or civil infraction, which makes a difference as far as disclosure to AMCAS is concerned.
 
medic170 said:
1. Why are all you people saying that you do not have to disclose a misdemeanor on AMCAS? It asks if you were ever convicted of ANYTHING other than a civil infraction, that means misdemeanors too :idea:

2. What court ever said that med schools should not be allowed to see records? Court records are public documents avaliable to view under the Freedom of Information Act. Remember, you have right to a PUBLIC trial?

3. For all you folks on these other MJ threads opining about how harmless MJ is, here is yet another reason NOT to use it.

1) The AMCAS question specifies felony.

2) Juvi records are sealed because in American law youthful offenders are granted a second chance at a clean slate. Med schools should not be allowed to violate the seal through bullying and intimidation. (If the OP had committed the voilation after turning 18, OP would be rightly up the creek.)
 
trinitrotoluene said:
1) That's what the AMCAS question actually says. It specifies felony.

2) Juvi records are sealed because in American law youthful offenders are granted a second chance at a clean slate. Med schools should be allowed to violate the seal through bullying and intimidation. (If the OP had committed the voilation after turning 18, OP would be rightly up the creek.)

1. I apologize, I did not remember the question being specific to felonies. It has been a while since I did my AMCAS application.

2. I apologize again, I did not know you were talking about a juvenile record. A JV record, is of course, sealed as you indicated.
 
Wow, this is a tough one. I have to agree though with the posters who suggested that you come clean from the beginning, so to speak. ;) One thing about skeletons is that they cause a lot less havoc when you expose them to the light of day instead of trying to keep them shoved in your closet. I think that getting "caught" later and having your admission revoked would be about the most mortifying and awkward scenario possible. It would probably also guarantee that you'd not be able to re-apply the following year because you'd have a black mark against you for being "dishonest" on your application. Plus, if it were me, I'd be constantly worrying that the school(s) might still manage to find out about it somehow, and this whole process is stressful enough without having that hanging over you on top of the rest of it.

So then there is the practical question of how medical schools will react to your honesty. I would suggest that you call several schools that you plan to apply to, explain the situation (you can even be anonymous this way) and ask them whether a person in your situation would have no or severely reduced chances of getting admitted. In the whole scheme of things, misdemeanor possession of pot is not really a tremendously harmful, evil, or violent crime; if it's the worst thing you do in your whole life, you're in good shape. I think you will find that some schools may tell you don't bother because of how draconian the drug laws are in this country, but others will be more willing to give you a second chance, especially if you spin it from the angle of what a HUGE lesson you learned from the experience so many years ago. Obviously you should only apply to schools in the second group. Good luck with applying, whatever you decide to do. :luck:
 
sorry to hijack the thread, but what if u got caught for a civil infraction and were dismissed? do med schools still see the court records and statement, since im guessing this is public record?
 
yg1786 said:
sorry to hijack the thread, but what if u got caught for a civil infraction and were dismissed? do med schools still see the court records and statement, since im guessing this is public record?

They don't care about civil infractions.
 
medic170 said:
3. For all you folks on these other MJ threads opining about how harmless MJ is, here is yet another reason NOT to use it.

If the government says don't go over the speed limit do you not do it? Or if the government says if you're under 18, it is illegal to watch porn (in some cases your local county may charge you or something...)

This is pure bull, because if mj is to be illegal, cigarettes, tobacco, and finally alcohol should be illegal as well. Purely hypocritical.
 
I'm sick of all the whining stoner people crying about legalizing marijuana. It should be illegal and I'm glad it is. If you don't like it, move to Amsterdam, HIPPIE!
 
you didn't whine when alcohol was legalized and i'm not a hippie drunkard!
 
Hermit MMood said:
you didn't whine when alcohol was legalized and i'm not a hippie drunkard!

If it was up to me, alcohol and cigarettes would all be illegal too!
 
yeah ban it all, that would be the best
 
Hermit MMood said:
If the government says don't go over the speed limit do you not do it? Or if the government says if you're under 18, it is illegal to watch porn (in some cases your local county may charge you or something...)

This is pure bull, because if mj is to be illegal, cigarettes, tobacco, and finally alcohol should be illegal as well. Purely hypocritical.

Stop making an ass of yourself kid. Honestly, as a high school student, you have not even lived enough to warrant an opinion on matters such as this. You can't even vote yet :rolleyes:

Toke away, I honestly don't give a rat's ass.....but don't whine when you get kicked out of residency, or never get into med school because you got caught with weed. You bring it on yourself
 
It's good to know that the AMCAS only asks about felonies. However, I did a little research and found 1.)Yes , the charge was expunged 2.)It was only expunged in the county I resided in at the time. State records are unchanged.

I think the overall plan is just to be honest and forthright. I will call ahead and consult with my advisor to see if I would be wasting my time with certain schools.

Ethically, I won't try to hide something I've done and am not proud of. In the same vein, I will also challenge that the 19 year old ***** who was convicted is quite different from the 28 year old medical professional I've become.

Thanks for all the input!! :D
 
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