Sealed Record

[MolinaM21]

Hi all! Do any of y'all know if Medical Schools can see a sealed charge on my record? It's nonviolent, non drug related and happened when I was 18, many many years ago. It's sealed but I wasn't sure if their database of background checks can see it.

I do know they ask about any charges anyways and I do know that the hospitals can see my record, but it'll be in the process of a Governor's Pardon by then and in my state I can apply for a healthcare waiver that allows someone with a record to practice.

Thanks in advance

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[Med Ed]

AMCAS specifies that you do not have to disclose sealed records. Some schools will still ask about arrests/charges on secondaries, so YMMV.

I have never heard of a pardon for a charge, only convictions.

 

[MolinaM21]

AMCAS specifies that you do not have to disclose sealed records. Some schools will still ask about arrests/charges on secondaries, so YMMV.

I have never heard of a pardon for a charge, only convictions.

Okay thank you!

And yes I have a conviction that is sealed and the charges I also had, that were dropped, are expunged. I wasn’t thorough in my explanation.

 

[AlbinoHawk DO]

You likely don't need to disclose, and if the school found out after accepting you, there's possibly nothing they can do because you followed the rules. If they tried, they'd probably open themselves up to litigation

Consult a lawyer to confirm

 

[MolinaM21]

You likely don't need to disclose, and if the school found out after accepting you, there's possibly nothing they can do because you followed the rules. If they tried, they'd probably open themselves up to litigation

Consult a lawyer to confirm

So based on the AMCAS saying, “You are not obligated to disclose sealed or expunged records of conviction or arrests.” Then how would I go about answering questions about , “if I’ve ever been arrested or charged”? Do I just say “no” since I don’t have to disclose them?

 

[MolinaM21]

AMCAS specifies that you do not have to disclose sealed records. Some schools will still ask about arrests/charges on secondaries, so YMMV.

I have never heard of a pardon for a charge, only convictions.

Also, how would I go about answering any of these questions then if they come up. Do I just mark, “no” if it asks about me ever being arrested or convicted?

 

[Med Ed]

So based on the AMCAS saying, “You are not obligated to disclose sealed or expunged records of conviction or arrests.” Then how would I go about answering questions about , “if I’ve ever been arrested or charged”? Do I just say “no” since I don’t have to disclose them?

Many people have a difficult time wrapping their heads around the legal concepts of expungement (and record sealing). When something is expunged, it usually means that, in the eyes of the legal system, the incident never happened. You are therefore free to honestly answer "no" to questions about it.

This is confusing because the incident in question actually happened, and it feels dishonest or deceptive to say it didn't. But again, these things are legal constructs and not markers of some shared, objective reality.

In general, you will encounter questions about criminal history asked one of three ways (and don't assume the entity doing the asking has put much thought into it):
1. Have you ever been charged/arrested/convicted?
2. Have you ever been charged/arrested/convicted? You do not have to disclose sealed or expunged offenses.
3. Have you ever been charged/arrested/convicted? You do have to disclose sealed or expunged offenses.

Options 2 and 3 are straightforward to deal with. If you encounter option 1, just ask for clarification if you don't feel comfortable.

 

[AlbinoHawk DO]

So based on the AMCAS saying, “You are not obligated to disclose sealed or expunged records of conviction or arrests.” Then how would I go about answering questions about , “if I’ve ever been arrested or charged”? Do I just say “no” since I don’t have to disclose them?

Correct