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question about Arrest Record

Discussion in 'Medical Students - MD' started by liketea, May 19, 2002.

  1. liketea

    liketea Junior Member

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    May 17, 2002
    Can anyone tell me if the ERAS residency application asks you only about convictions, or does it also ask about any arrest?

    Also, do you think that having an arrest record for misdemeanor assault (dismissed without conviction) will potentially screw you up for rotations, as well as for residency?

    Thanks...
     
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  3. Cody1MD

    Cody1MD USF MPH/DrPH 10+ Year Member

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    Jan 25, 2002
    FLL, FL
    Don't worry, no one will ask. It has no affect on med school application process and residency placement.
     
  4. liketea

    liketea Junior Member

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    May 17, 2002
    thanks, Cody1MD. So the ERAS doesn't ask that, huh?! That's a relief. This has been like a monkey on my shoulder...

    There were a couple of med schools that did ask about arrests on the secondary, so I couldn't apply to them. Now I got into a few med schools and one of them is in the state where I got arrested, so the background check there will turn up my record, whereas background check initiaited in the other states will not. Unfortunately, that one school is also my top choice. I sure hope my rotation hospitals won't do the background checks on me.
     
  5. Kluver Bucy

    Kluver Bucy Gold Member 10+ Year Member

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    Dec 26, 2001
    </font><blockquote><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><hr /><font size="2" face="Verdana, Helvetica, sans-serif">Originally posted by liketea:
    <strong>I sure hope my rotation hospitals won't do the background checks on me.</strong></font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif">You'll likely find yourself having to undergo a criminal record check every year. However, in the US, we do have this concept known as "presumed innocent until proven guilty."
     
  6. Zeffer

    Zeffer "My dog ate em. I swear thats the truth!" Lifetime Donor Classifieds Approved 10+ Year Member

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    Mar 27, 2002
    If you were under the age of 18 I have been told you can have your record wiped clean, sealed or something of that nature. This is just heresay though, and I truely have no idea. I would ultimately recomend consulting a lawyer if you are that worried about it.
     
  7. TheAce

    TheAce Attending 10+ Year Member

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    May 2, 2000
    Licensing boards and the DEA (for prescription license) will be looking at your record thoroughly, so be aware of that. Depending on what it was that you were arrested for, you might be out of luck.
     
  8. japhy

    japhy Ski Bum 10+ Year Member

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    Nov 8, 1999
    Alta, Ut
    Even if you were over 18 you are able to clear your record. The law varies from state to state, but most places if you only have 1 or 2 convictions, they were misdemeanors and none of them were violent crimes (assault, battery, rape) you can expunge your recoed. You will have to get a thorough background check, pay a bunch of fees and send records to the state, local, county police and the FBI. Bunch of hoops to jump through but well worth it. What i am wondering is if your record is expunged, should you discuss it when applying for a DEA license. Legally I am required to say that i have no record, however i am sure that if they wanted to the DEA could find out about it.
     
  9. redleft123

    redleft123 Ho' Dawg 7+ Year Member

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    May 19, 2002
    California
    You must be careful...and honest.

    When applying for a job or state license, they are willing to forgive something minor which happened 10 years ago. But if you lie on the application, and they find out about it, then they will see a present propensity for dishonesty. That is reason enough to have an application rejected.

    Many state licensing boards will deny the application for dishonesty, which is reported to the NPDB and will always be on your record. Remember; they are a quasi-law enforcement agency and can find out a lot of info. They may also go back to see if you disclosed the arrest on other applications.
    :cool: :cool:
    Getting busted for shoplifting or a having a joint at 19 is something they will probably overlook. However, being dishonest only a few months ago (depending on the app, a statement you might have signed under penalty of perjury) will get you in trouble.

    Good luck.
     
  10. redleft123

    redleft123 Ho' Dawg 7+ Year Member

    3,048
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    May 19, 2002
    California
    I've always wondered why people post an "addendum" to a reply right after they posted...and now I am doing it!

    Keep in mind, you are innocent until proven guilty. I just realized that you said that you are concerned about an "arrest." In legal terms, an arrest means nothing -- they can only hold a conviction against you. (They may delay making a decision on your application if a case is still pending.)

    Almost all of the applications I have seen ask if you have been convicted of or pled nolo contendere. There is a big difference between either of those and an arrest.

    Again....good luck.
     
  11. Rads

    Rads Member 7+ Year Member

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    Apr 21, 2002
    USA
    Not trying to be the bearer of bad news. ALL state license entities and the DEA will be very interested in the circumstances of an arrest or conviction for anything. You will in control of schedule II-IV controlled substances and well as being in a position of considerable trust. You will HAVE to explain in detail and provide references as to the courts and agencies that hold the record of arrest and/or conviction. Depending on your medical school, you may be asked as your criminal past as well. Don't lie, the school will revoke your degree years down the road for your lack of integrity and responsibility. If you provide false information to the feds or to the state you've committed a crime as well.
     
  12. japhy

    japhy Ski Bum 10+ Year Member

    805
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    Nov 8, 1999
    Alta, Ut
    once you have had something expunged the record is sealed. it is totally worth doing for several reasons: you are REQUIRED to state that you do not have a record (even for medical school) and most people can never find out if that the offense ever occurred. my question is for ERAS would one state they did not have a record, as is required by law, even though the DEA could find out about if if they really wanted? This is NOT lying. Anyone who understands how expungements work realizes that your record is wiped clean. Anyone have any experience with this?
     
  13. Rads

    Rads Member 7+ Year Member

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    Apr 21, 2002
    USA
    The question that the programs and licensing authorities ask is not if you have a record, but have you ever been arrested, have you ever been convicted, has any institution suspended or expelled you... It is a violation of state and federal law to answer "No" to these questions even if you have had the record sealed, expunged, whatever you want to call it. Having expunged your record is fine, but you are still behind the 8 ball. You still are legally required to answer "Yes" to a number of questions, not one of which pertains to whether or not you have a "record."
     
  14. japhy

    japhy Ski Bum 10+ Year Member

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    Nov 8, 1999
    Alta, Ut
    rads,

    i hate to disagree with you but once you have your record sealed you are absolutely legally required to answer that you never had a conviction. look up the law in any state. i went through this process for some minor indiscretions 7-8 years ago. when all was said and done my record was cleared. anyway, bottom line is you HAVE to answer no to these questions. it is not a violation of federal law. you send your info to the fbi so they can also expunge it. if the record is expunged, technically you never were arressted, never were convicted etc etc. you have to answer no.
     
  15. Rads

    Rads Member 7+ Year Member

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    Apr 21, 2002
    USA
    japhy,

    Since you went through the process you probably know better than I do what you can answer and still be legal. Personally, if there was any chance that someone down the road could bring up any past indiscretions that could potentially hurt my integral image, I would want to be damn sure that there was no question as to my honesty when I had the chance to disclose that information. I have finished med school and have filled out the forms that ask the questions. If I were in a position, I would personally consult an attorney if there are any questions as to what you should answer. That is your best bet.
     
  16. mr.annoying

    mr.annoying Senior Member 7+ Year Member

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    Apr 6, 2002
    Dang, now that I'm becoming a med student for sure, I've been pretty careful what I do. Before, if people screw with me I go ahead and make sure they know their ass is gonna get beat if it continues. Now... I gotta start watching my mouth and actions! Anybody else think like this at all? :rolleyes:
     
  17. japhy

    japhy Ski Bum 10+ Year Member

    805
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    Nov 8, 1999
    Alta, Ut
    rads,

    you raise a very real concern of mine. while everyone i have talked to told me legally i am required to state i have no record i still wonder if soemone like the dea could find out about it. like you i do not want anyone to quetion my honesty. seems like a lose-lose situation.
     
  18. redleft123

    redleft123 Ho' Dawg 7+ Year Member

    3,048
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    May 19, 2002
    California
    japhy and rads -- admit it! If it was "small" enough to get expunged, then they won't hold it against you when you admit to the incident. Remember, the courts are not want to expunge major matters.

    Many law enforcement agencies have access to expunged records. This applies to DEA, the state boards, etc. In fact, many law enforcement agencies will specifically state (when asking that question), "You are required to list any conviction which has been set aside and dismissed or expunged, or where a stay of execution has been issued." This is a direct quote from the California P&S application, and I know (thru a buddy) that that the courts uphold their right to ask it. (Poor guy....he still regrets that mistake.)

    California also only asks about "convictions" or "pending investigations." They legally can not ask about past arrests...because that goes against "innocent until proven guilty."

    There are different codes entered about the agency which requests fingerprint clearances. If the agency is a law enforcement agency, then FBI will release more info than, say, to a potential employer checking on it.

    Again -- this sounds so Johnnie Cochran -- "If you lie, they will deny." And if you get denied for a license application, that gets reported to the NPDB and is on your record the rest of your life.

    You want to be a doctor; you want to be a professional. Be adult about it and admit it. They are willing to overlook a "youthful indiscretion" several years ago, assuming you have nothing on your record since then. But if you lie about it on your application, then you are seen as a person with a present propensity to lie. And that will get you in trouble.

    (For example, if you got busted as a 19-yo with a joint....it's probably no big deal. (The folks reviewing your app probably inhaled themselves!) But if you lied about it last month when you filled out your app, that's a concern.)

    Cheers
     

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