Optometry Licensure and Criminal Offences?

Started by SCERPSW
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SCERPSW

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O.K., so here’s a question that’s probably not the norm for this forum…

I’m a pre-optometry student in my late 20’s taking a few review courses for optometry school (brushing up) who has an extensive background utilizing both optometry and science. I’ve completed both a BS and a MS and consider myself able to weather the rigors of optometry school. Currently I’ve been admitted to two schools for the Fall 2006 entering year, however, I’ve stumbled into a life-altering situation…

I’ve come to realize that I have clinically-diagnosed mental disorder which has gone untreated for twenty-something years. Unfortunately, I’ve only realized the far-reaching effects of this problem after it, in part, has caused me to a) severely break the law, and b) face the reality of an impending felony criminal charge. I’ve spoken with my lawyer, and I will definitely receive a felony, there’s no way around this, however, I won’t see prison or jail time.

Things that should be known: a) I’m truly a good person, yes, I broke the law, but I didn’t kill anyone or commit a sex crime, b) I’m intelligent, I just have a (treatable) medical condition, c) I’ve always wanted to be an optometrist, now I may not be able to be one...

What I would like to know is if it is possible, with these charges, could I ever receive professional licensure either on a national or state level? Basically, I know (assume) that I could complete the educational component of optometry school, I just don’t know if all would be in vain as I may not be able to ever practice optometry due to my criminal history.

Also, has anyone ever known an optometrist who encountered similar problems?

I would welcome any information that could answer my question or point me in a direction where I may be able to find the answers.

Thank you for you guidance and understanding.

If you would like to share information anonymously, as I have, please feel free to send me a private message/e-mail.
 
1) You may not want to admit to a felony on a public forum
2) Phone the state boards you may be interested in practicing in and ask them
3) You are probably in for a tough time personally and professionally - good luck!
 
xmattODx said:
1) You may not want to admit to a felony on a public forum
2) Phone the state boards you may be interested in practicing in and ask them
3) You are probably in for a tough time personally and professionally - good luck!
Every insurance panel I have signed up on has asked if I was ever convicted of a felony. I would imagine answering yes to that question could make it difficult to get on the panel, so I would suggest looking into that as well. Good luck.
 
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xmattODx said:
1) You may not want to admit to a felony on a public forum
2) Phone the state boards you may be interested in practicing in and ask them
3) You are probably in for a tough time personally and professionally - good luck!

1) I've tried to be as anonymous as possible, alternate SDN sign in w/ new e-mail address - thanks though. Also, not to be picky, I never admitted gulit, I simply said that my lawyer indicated that I will be convicted of a felony.
2) Will do, good advice.
3) Trust me, I know.

Thanks again! Really.
 
Ben Chudner said:
Every insurance panel I have signed up on has asked if I was ever convicted of a felony. I would imagine answering yes to that question could make it difficult to get on the panel, so I would suggest looking into that as well. Good luck.

Pardon my lack of understanding, but what exactly do you mean "insurance panel"? Like malpractice insurance?

Thanks.
 
SCERPSW said:
Pardon my lack of understanding, but what exactly do you mean "insurance panel"? Like malpractice insurance?

Thanks.

No, like an HMO such as Blue Cross, or United Health Care.

You should tread very very lightly with this. I certainly understand the desire to remain annonymous and not discuss the details of your situation but you are going to need to do a lot of research before you spend all kinds of money on an education only to find out that you won't be able to be licensed.

Depending on the nature of the crime you committed, you may be able to have the record sealed or expunged if you stay out of trouble for a certain amount of time. Mention your concerns to the lawyer handling your case.

I also agree very much with the poster who suggested contacting the state boards in the states in which you are interested in practicing and ask them.

I will say that if it's a felony charge that involves drugs or narcotics, you may well be screwed. It might not be a bad idea to find a lawyer other than the one handling your criminal case to help you with this.

I'm also not sure of the legalities, but I would imagine that not admitting guilt but being convicted of a felony is really not that much different than admitting guilt and being convicted of a felony. If there are any JDs out there, perhaps they could shed some light.
 
Thanks for the explanation of the insurance panels, makes much more sense now.

I'll look into sealing/expungement of records; however, I don’t believe that this is a foreseeable option. I agree, speaking both with my lawyer, as well as a secondary (removed) one may be a good idea. My dealings with the judicial system, and lawyers, have been very limited, henceforth, I don’t know what type of lawyer would I pursue to discuss future options (sealing records/expungement, etc.) or where would I begin to look. Any suggestions, possibly a Student Lawyer Netork?

My predicament does not involve drugs, sex, physical injury, or violation of another person or animal. Without disseminating too many details, let’s just say it's more of a property crime and/or ethical violation.
 
Also, thank you very much to those who have posted...I truly appreciate the advice that you all are offering.
 
SCERPSW said:
My predicament does not involve drugs, sex, physical injury, or violation of another person or animal. Without disseminating too many details, let’s just say it's more of a property crime and/or ethical violation.


http://www.optometry.org/state_requirements_details.cfm?StateID=CA

"..... To obtain California licensure, one must pass the four examinations listed above, have an Optometric Doctorate (OD) degree, be over 18 years-old, and not be convicted of a crime substantially related to the profession....."

I found this while I was checking out requirements for licensure in various states. I recalled this and cut and pasted it here ... you may want to go read the whole thing... I haven't come across any other states that specify. All optometry schools do ask about these matters in their applications though. I did know one guy who got in a school with a record. (I didn't get in that school, he had ~ 4.0 ). I don't know if he put it in his application or not.
 
SCERPSW said:
Thanks for the explanation of the insurance panels, makes much more sense now.

I'll look into sealing/expungement of records; however, I don’t believe that this is a foreseeable option. I agree, speaking both with my lawyer, as well as a secondary (removed) one may be a good idea. My dealings with the judicial system, and lawyers, have been very limited, henceforth, I don’t know what type of lawyer would I pursue to discuss future options (sealing records/expungement, etc.) or where would I begin to look. Any suggestions, possibly a Student Lawyer Netork?

My predicament does not involve drugs, sex, physical injury, or violation of another person or animal. Without disseminating too many details, let’s just say it's more of a property crime and/or ethical violation.

Is there not anyway you could plead this down to a misdemeanor or an aggravated misdemeanor?

I would say that in general, if it did not involve drugs, sex, physical injury, or violation of another person or animal, you are in much better shape. The problem may simply boil down to the fact that it's classified as a "felony."

I would try your damndest to plead it down. Maybe even serve some time if you have to. But obviously, that's WAY outside the area of my expertise and you should follow the advice of your lawyers.
 
all applications I've seen say felony on them, but you do have to disclose any misdemeanors, etc on your applications. (especially for state licensure) If you DO get a state to take your case, know that your record WILL become PUBLIC DOMAIN! Anyone with a computer will be able to go to the state board and see that you have a record. It's listed on their minutes for board meetings.

Jenny's advise to try to get it pleaded down is a good one. i'd also be inclined to check with all states and OD schools before you decide to go down the road to spend 100k on school.
 
cpw said:
all applications I've seen say felony on them, but you do have to disclose any misdemeanors, etc on your applications. (especially for state licensure) If you DO get a state to take your case, know that your record WILL become PUBLIC DOMAIN! Anyone with a computer will be able to go to the state board and see that you have a record. It's listed on their minutes for board meetings.

Jenny's advise to try to get it pleaded down is a good one. i'd also be inclined to check with all states and OD schools before you decide to go down the road to spend 100k on school.


Yes, somewhere along, the subject matter will come up. Spending > 100k and finding you can't practice due to something that comes up in the end would be most inconvinient.
 
You said it was because of a "clinically-diagnosed" disorder...any way that can play a part into the defense and cause you to technically not be guilty due to this disorder?
 
SCERPSW said:
O.K., so here’s a question that’s probably not the norm for this forum…

I’m a pre-optometry student in my late 20’s taking a few review courses for optometry school (brushing up) who has an extensive background utilizing both optometry and science. I’ve completed both a BS and a MS and consider myself able to weather the rigors of optometry school. Currently I’ve been admitted to two schools for the Fall 2006 entering year, however, I’ve stumbled into a life-altering situation…

I’ve come to realize that I have clinically-diagnosed mental disorder which has gone untreated for twenty-something years. Unfortunately, I’ve only realized the far-reaching effects of this problem after it, in part, has caused me to a) severely break the law, and b) face the reality of an impending felony criminal charge. I’ve spoken with my lawyer, and I will definitely receive a felony, there’s no way around this, however, I won’t see prison or jail time.

Things that should be known: a) I’m truly a good person, yes, I broke the law, but I didn’t kill anyone or commit a sex crime, b) I’m intelligent, I just have a (treatable) medical condition, c) I’ve always wanted to be an optometrist, now I may not be able to be one...

What I would like to know is if it is possible, with these charges, could I ever receive professional licensure either on a national or state level? Basically, I know (assume) that I could complete the educational component of optometry school, I just don’t know if all would be in vain as I may not be able to ever practice optometry due to my criminal history.

Also, has anyone ever known an optometrist who encountered similar problems?

I would welcome any information that could answer my question or point me in a direction where I may be able to find the answers.

Thank you for you guidance and understanding.

If you would like to share information anonymously, as I have, please feel free to send me a private message/e-mail.


have your lawyer get you off on mental grounds if possible....otherwise you can always practice optometry in jails. You'll have more incommon with your patients...always a good thing 🙂 No, all joking aside - try to get a lawyer to get you out of this or try to have the person you assulted drop the charges.

My only concern is that if you are not mentally stable, i'm not sure the level of contribution you could give to the profession and community as a whole.

What mental condition do you have?