question about residency contract

[sweetlenovo88]

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I am about to sign a residency contract for my program. Ten years ago when I was 19, in the state of FL, I got a ticket for underage possession of alcohol. I pleaded nolo, had adjudication withheld and was not convicted. I did not expunge it for some reason and it does show up in a background check.

The employment contract I got asks about felonies only, so I don't care about that. However, they also sent paperwork to apply for a license with the osteopathic board in the state of Florida. That form asks to report any incidences even if you plead nolo, or adjudication was withheld. They want a certified copy of the disposition that I can provide.

It seems like I have to disclose this stupid incident. My question is, will the PD have any reservations about going forward with my contract when I list this on my license application. I prefer answers with some experience, not just speculation, thanks,

 

[Winged Scapula]

I am about to sign a residency contract for my program. Ten years ago when I was 19, in the state of FL, I got a ticket for underage possession of alcohol. I pleaded nolo, had adjudication withheld and was not convicted. I did not expunge it for some reason and it does show up in a background check.

The employment contract I got asks about felonies only, so I don't care about that. However, they also sent paperwork to apply for a license with the osteopathic board in the state of Florida. That form asks to report any incidences even if you plead nolo, or adjudication was withheld. They want a certified copy of the disposition that I can provide.

It seems like I have to disclose this stupid incident. My question is, will the PD have any reservations about going forward with my contract when I list this on my license application. I prefer answers with some experience, not just speculation, thanks,

The problem is that you're asking an unanswerable question when you put those restrictions on it.

Unless someone else here is *you*, applying to the *same* program, with the *same* application, the *same* nolo and the *same* PD, there is NO WAY to know whether this PD will have any "reservations.

These things are done on a case by case basis and there is no way we are going to be able to read that PD's mind.

 

[sweetlenovo88]

The problem is that you're asking an unanswerable question when you put those restrictions on it.

Unless someone else here is *you*, applying to the *same* program, with the *same* application, the *same* nolo and the *same* PD, there is NO WAY to know whether this PD will have any "reservations.

These things are done on a case by case basis and there is no way we are going to be able to read that PD's mind.

ok, let's rephrase the question, will the florida medical licensing board care?

 

[Law2Doc]

ok, let's rephrase the question, will the florida medical licensing board care?

What difference does it make? If you want the license you have to list it. Odds are you will face this question wherever you go, so might as well see if it's an impediment now and get that over with. In general 95% of these things are harmless to your career as long as they are disclosed. Just fill out the form honestly and fully, answering exactly the questions asked. The majority of people who get dinged are the ones who try to hide stuff and get caught.

 

[sweetlenovo88]

What difference does it make? If you want the license you have to list it. Odds are you will face this question wherever you go, so might as well see if it's an impediment now and get that over with. In general 95% of these things are harmless to your career as long as they are disclosed. Just fill out the form honestly and fully, answering exactly the questions asked. The majority of people who get dinged are the ones who try to hide stuff and get caught.

actually, I will rarely face this question wherever I go. Most places only ask about felonies or at most convictions to which I can legally answer no. The licensing board is different though and the way the question is worded I have to disclose it looks like.

 

[Droopy Snoopy]

actually, I will rarely face this question wherever I go. Most places only ask about felonies or at most convictions to which I can legally answer no. The licensing board is different though and the way the question is worded I have to disclose it looks like.

I wouldn't go around trying to play amateur attorney with this business. If you're ever asked to disclose your criminal background, you should mention this incident no matter what the actual wording. It's going to be a hell of a lot easier to do that rather than after the fact, when it looks like you're trying to hide something, how this was dealt with whatever way or supposed to be expunged or the difference between a no-contest plea and a conviction etc.

 

[sweetlenovo88]

I wouldn't go around trying to play amateur attorney with this business. If you're ever asked to disclose your criminal background, you should mention this incident no matter what the actual wording. It's going to be a hell of a lot easier to do that rather than after the fact, when it looks like you were trying to hide something, how this was dealt with whatever way or supposed to be expunged or the difference between a no-contest plea and a conviction etc.

I disagree. Is getting legal advice from an attorney (in the past about this), playing 'amateur attorney?' I CAN LEGALLY SAY NO IF IT ONLY ASKS IF I WAS CONVICTED, LOOK UP THE LAW. However as mentioned, if they ask about nolo, etc, I am bound to answer yes, even if the record was expunged and they have no way of knowing

 

[Arch Guillotti]

actually, I will rarely face this question wherever I go. Most places only ask about felonies or at most convictions to which I can legally answer no. The licensing board is different though and the way the question is worded I have to disclose it looks like.

Uhhhh, over your career you will have to not only get licensed but credentialed (maybe multiple times, maybe the same places repeatedly).

I am not sure how you know what "most places" do when you have not even begun residency😕.

Just disclose it, this is not a big deal unless you try to play amateur lawyer.

 

[alwaysaangel]

I was going to direct you to the thread about a guy with a similar situation who didn't disclose it until he applied for a license and was then removed from his position and banned from the match. For some I can't find it on the forum right now. Here is a cached version from google: http://webcache.googleusercontent.c...lnk&gl=us&client=safari&source=www.google.com

I would disclose it now to make sure there are no surprises later.

 

[Sol Rosenberg]

A lot of people told you not to play amateur lawyer, but no one has told you to run the contract by a real lawyer. He/she could advise you with respect to your question, and, at the same time, advise you about the contract in general. It's probably not a bad idea to have your contract reviewed before you sign it anyway.

 

[dpmd]

What would be the point of having a lawyer review any residency contract? There is no room for negotiation in these things, and your only options are to sign or not train there (unless you are talking about reviewing it before you rank programs-but I highly doubt there would be anything so objectionable in a contract to make you run the risk of going unmatched instead of going to that program).

There isn't even a point for this particular person to do so. They can read the contract and see if it mentions anything about criminal charges (notice I say charges-since that is what some licensing bodies ask about it is possible that employers will ask it too). If it doesn't, just sign the thing and answer the licensing stuff honestly. No one (even a lawyer) is going to be able to predict what the licensing board will do, or the program director (a lawyer may have some opinions on what they believe the relevant case law is, but this is useless). If by chance it does, then comply with whatever it says (I doubt that it will say you need to do anything different).

If after doing that, they try to kick you out of your position then you can get a lawyer (unless you are also denied a license-in that case you wouldn't be able to train there anyway, not a likely scenario though)

 

[mcl]

I tell my incoming interns to 1) give full explanations of any "yes" answers and provide documentation that would help resolve any lingering doubts or questions the Board may have, then 2) place this document in a sealed envelope attached to the licensure application. That way the interns' privacy remains protected yet the Board gets the documentation they require. I'd suggest calling your coordinator to see if this is an acceptable option in your case.

 

[sweetlenovo88]

I tell my incoming interns to 1) give full explanations of any "yes" answers and provide documentation that would help resolve any lingering doubts or questions the Board may have, then 2) place this document in a sealed envelope attached to the licensure application. That way the interns' privacy remains protected yet the Board gets the documentation they require. I'd suggest calling your coordinator to see if this is an acceptable option in your case.

I would rather not do that because then it seems I am hiding the incident from the pd and admin at my school. It is so minor that I would rather they know what it is

 

[mcl]

I would rather not do that because then it seems I am hiding the incident from the pd and admin at my school. It is so minor that I would rather they know what it is

Then tell them--or give them a copy of your response. Or give them permission to look before you seal the envelope. But those applications can be handled by several different people in several different areas before they end up at the Board office. It's just a way to protect your privacy.