Past Misdemeanor reduced to Infraction

[lawisconfusing]

Hey, serious question here. I have a past disorderly conduct: drunk in public charge 7 years ago in college. I was arrested, fingerprinted and held overnight to sleep it off. Subsequently, I got it dismissed, reduced to an infraction and expunged. Looking at residency applications it states "Have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deferred or suspended as an adult or juvenile in any state or jurisdiction?" During the court hearing, I had to plea no contest to the misdemeanor in order for it to get reduced. On an FBI fingerprint background check, will this come up as me having a misdemeanor or an infraction? Should I say yes to this question? Or should I say no and if it comes up just say I thought it was only an infraction (which it ultimately was)? I don't want to lie but I also don't want to make a big deal out of something like this.

---

Members don't see this ad.

 

[BoardingDoc]

Hey, serious question here. I have a past disorderly conduct: drunk in public charge 7 years ago in college. I was arrested, fingerprinted and held overnight to sleep it off. Subsequently, I got it dismissed, reduced to an infraction and expunged. Looking at residency applications it states "Have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deferred or suspended as an adult or juvenile in any state or jurisdiction?" During the court hearing, I had to plea no contest to the misdemeanor in order for it to get reduced. On an FBI fingerprint background check, will this come up as me having a misdemeanor or an infraction? Should I say yes to this question? Or should I say no and if it comes up just say I thought it was only an infraction (which it ultimately was)? I don't want to lie but I also don't want to make a big deal out of something like this.

You should ask a lawyer.

 

[Mountain lawyer]

I agree you need to contact a lawyer in the county in which the charges arose. I am an attorney, and the way that you relayed the facts lends me to have some questions about the procedural manner in which things happened, that will be the determinant if you have to disclose. Your question says have you ever been convicted, but it doesn't specify if that's for a misdemeanor, infraction, or felony. If you want definitive answers to your questions contact a criminal defense attorney, pay them some money and get peace of mind.

 

[Light at end of tunnel]

The question stem is purposefully all-inclusive and seems clear to me: you are obligated to answer yes, and explain.

The incident itself doesn't seem like a big deal at all, but what could be a big deal is the perception that you lied about it.

Something like this could come up at a future point, and used against you if for instance your credibility comes into question. Lying about something will haunt you forever if you don't disclose.

 

[lawisconfusing]

I agree you need to contact a lawyer in the county in which the charges arose. I am an attorney, and the way that you relayed the facts lends me to have some questions about the procedural manner in which things happened, that will be the determinant if you have to disclose. Your question says have you ever been convicted, but it doesn't specify if that's for a misdemeanor, infraction, or felony. If you want definitive answers to your questions contact a criminal defense attorney, pay them some money and get peace of mind.

the question is in regards to a misdemeanor or worse charge. the misdemeanor charge was ultimately dismissed and reduced to an infraction, but I wonder if it will still show up anyway since it initially had to be submitted to the court as a misdemeanor

 

[lawisconfusing]

The question stem is purposefully all-inclusive and seems clear to me: you are obligated to answer yes, and explain.

The incident itself doesn't seem like a big deal at all, but what could be a big deal is the perception that you lied about it.

Something like this could come up at a future point, and used against you if for instance your credibility comes into question. Lying about something will haunt you forever if you don't disclose.

Yes, exactly. My gut feeling says I should report it. I was just curious if there was anyone out there that had to go through something similar

 

[Light at end of tunnel]

Yes, exactly. My gut feeling says I should report it. I was just curious if there was anyone out there that had to go through something similar

Tons have. You are probably like number 1,940,208.

Answer honestly and make them believe that you are an honest person. Which you will be.

Everyone makes mistakes, and your story of drinking and getting caught can represent any one of us. By being honest, you invite understanding and forgiveness.

 

[bannie22]

dont ask sdn. ask a lawyer. dont go by gut feeling.

 

[Mountain lawyer]

I'll repeat what I said again, as a practicing attorney, you need to contact an attorney. Asking a bunch of random people is not the answer.

 

[Crayola227]

in general if things are expunged, and you check that they don't come up on a background, and you check what the rules are from the state that expunged, (for example, in my state the expungement paperwork specifically says from that point forward you may always answer "no" on any question asking about it, including questions that ask if you had something expunged), than I would not disclose

if it comes up, you get an attorney that backs up you were just following the law in your responses, which is why they are not dishonest

I'm really tired of medicine thinking it can trample on people's legal rights whenever it wants to for all of its self-righteous crusading

HOWEVER
I am not a lawyer
I do know people who have not reported juvenile expunged records and were fine
you should probably get a lawyer

 

[NRAI2001]

Are you an AMG, DO or IMG?

 

[Crayola227]

Are you an AMG, DO or IMG?

AMG

my friend with the expunged juvey thing made it from pre-med --> residency as a US citizen in the US MD system, answering "no" about the expungement

EDIT: oh, you meant OP

 

[IM2GI]

Hey, serious question here. I have a past disorderly conduct: drunk in public charge 7 years ago in college. I was arrested, fingerprinted and held overnight to sleep it off. Subsequently, I got it dismissed, reduced to an infraction and expunged. Looking at residency applications it states "Have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deferred or suspended as an adult or juvenile in any state or jurisdiction?" During the court hearing, I had to plea no contest to the misdemeanor in order for it to get reduced. On an FBI fingerprint background check, will this come up as me having a misdemeanor or an infraction? Should I say yes to this question? Or should I say no and if it comes up just say I thought it was only an infraction (which it ultimately was)? I don't want to lie but I also don't want to make a big deal out of something like this.

This is worth the $250-$500 a lawyer will charge you.

If you have to answer yes, you might get screened out by certain programs.

 

[lawisconfusing]

This is worth the $250-$500 a lawyer will charge you.

If you have to answer yes, you might get screened out by certain programs.

I actually already matched and this question is for state licensure application.

 

[lawisconfusing]

Are you an AMG, DO or IMG?

I am AMG, i've been able to answer no so far on all applications but for state medical boards i think I have to answer yes, Per the rule of expungment in my state and since medical state boards will be able to see everything since they have high clearance for background checks. I consulted a lawyer and he confirmed this. Probably in my best interest to disclose anyway. More problems if I didnt

 

[IM2GI]

I actually already matched and this question is for state licensure application.

Interesting. I had a co-resident who almost couldnt start because he had a MIP charge when he was younger. Don't know the details.

 

[Raryn]

Interesting. I had a co-resident who almost couldnt start because he had a MIP charge when he was younger. Don't know the details.

That shouldn't be an issue... unless you lie about it. Then the board might wonder what else you forgot to tell them.

I know of several people who reported prior criminal acts to licensing boards, the only one who had major problems had just had it happen recently during their M4 year.

 

[rokshana]

talk to a lawyer, but in general state medical boards, credentialing committees, etc are more concerned about an applicant lying about something than just saying yes with an explanation...you don't want to invite trouble by saying yes to something that a no would have been fine, but you want the answers to be consistent...you answer yes, given an explanation and the answer they get from the other end is the same, then nothing will likely come of it...your answer doesn't match theirs and you have a problem...

 

[cbrons]

I got an underage consumption of alcohol ticket some 10 to 11 years ago when I was a freshman in college. Had to answer Yes on a similar question for my temporary license, and had to subsequently contact the circuit clerk's office back at my undergraduate institution and pay for them to send a "sentencing report" to the state medical board.

Not sure why they require documentation directly from the court for that, especially with these little meaningless misdemeanors/ordnance violations.

You probably need to answer "Yes" to the question and provide an explanation. Not disclosing something like this is like to turn out far worse than if you disclose it.

 

[SilentCool]

Hey, serious question here. I have a past disorderly conduct: drunk in public charge 7 years ago in college. I was arrested, fingerprinted and held overnight to sleep it off. Subsequently, I got it dismissed, reduced to an infraction and expunged. Looking at residency applications it states "Have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deferred or suspended as an adult or juvenile in any state or jurisdiction?" During the court hearing, I had to plea no contest to the misdemeanor in order for it to get reduced. On an FBI fingerprint background check, will this come up as me having a misdemeanor or an infraction? Should I say yes to this question? Or should I say no and if it comes up just say I thought it was only an infraction (which it ultimately was)? I don't want to lie but I also don't want to make a big deal out of something like this.

Just give it up. There are too many sober people who want to go to medical school.