Secondary asking about any past convictions. Disclose expunged misdemeanor conviction?

[MedApp2223]

Many secondaries to not specify what should or should not be included as primary applications do. I realize some view this more as a moral question and less as a legal one. Any advice or suggestions is much appreciated. Thanks.

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[wook]

Many secondaries to not specify what should or should not be included as primary applications do. I realize some view this more as a moral question and less as a legal one. Any advice or suggestions is much appreciated. Thanks.

I would suggest erring on the side of transparency. If it looks like you are hiding something, that may cause more challenges down the road. Depending how the background check is done, there may be an indication of past charge. Just be able to talk to it and give more specifics if asked.

 

[ethereal_fae]

I admittedly don't know too much about this topic from the medical school side, but doesn't having to disclose an expunged charge defeat the purpose of an expungement? It's supposed to be there so that something like a misdemeanor doesn't follow you forever and keep hurting you, especially if you've taken steps to change your path and haven't committed a crime again. The AMCAS guide even specifies that you don't need to disclose any charges that have been expunged so I'm just curious as to why OP should disclose.

 

[TragicalDrFaust]

I had an expunged felony from ~2010 and elected to disclose because I got conflicting advice about whether I needed to. My lawyer even said in his lawery way that he didn’t know. Ultimately I came to believe that because the app asks if you’ve ever been charged or convicted (can’t remember) instead of if you have a criminal record, that expunged charges were included in that question. I defer to gonnif of course.

Happy to report it didn’t keep me out of med school and I’m a rising OMS-3.

 

[wook]

I admittedly don't know too much about this topic from the medical school side, but doesn't having to disclose an expunged charge defeat the purpose of an expungement? It's supposed to be there so that something like a misdemeanor doesn't follow you forever and keep hurting you, especially if you've taken steps to change your path and haven't committed a crime again. The AMCAS guide even specifies that you don't need to disclose any charges that have been expunged so I'm just curious as to why OP should disclose.

Depending on how the background check is done, it may show that there had been a previous conviction without any information. This type of information depends on how the background check is done as well as the state the offense occurred in.

If the information asks if you have ever been convicted, and you have (even if expunged) I suspect this may viewed as being less than truthful. What is going to be documented for a license application if there is a question about being charged or convicted? Slippery slope, and could lead to dismissal if not honest and transparent.

I know multiple individuals with charges and convictions who owned up and moved on. All of them are working as doctors.


Thanks.


Wook

 

[wook]

I had an expunged felony from ~2010 and elected to disclose because I got conflicting advice about whether I needed to. My lawyer even said in his lawery way that he didn’t know. Ultimately I came to believe that because the app asks if you’ve ever been charged or convicted (can’t remember) instead of if you have a criminal record, that expunged charges were included in that question. I defer to gonnif of course.

Happy to report it didn’t keep me out of med school and I’m a rising OMS-3.

Excellent.

 

[ethereal_fae]

Depending on how the background check is done, it may show that there had been a previous conviction without any information. This type of information depends on how the background check is done as well as the state the offense occurred in.

If the information asks if you have ever been convicted, and you have (even if expunged) I suspect this may viewed as being less than truthful. What is going to be documented for a license application if there is a question about being charged or convicted? Slippery slope, and could lead to dismissal if not honest and transparent.

I know multiple individuals with charges and convictions who owned up and moved on. All of them are working as doctors.


Thanks.


Wook

I understand! I suppose I mean that on the primary app, AMCAS specifies that if your charge has been expunged then you do not need to answer yes. I do not see how following that protocol would be less than truthful. If a secondary asks about arrests or convictions then I understand why answering no in that situation would be deceitful. But if they don't ask? It seems somewhat unfair that something like that would be grounds for dismissal.

I'm glad you've seen multiple individuals with convictions be successful. While I do not personally have a record, I do have friends who do and have seen adcoms on here say that certain convictions (such as battery) would make an app DOA at their school. So I would see why someone would not want to disclose a charge like that if it has been expunged and they've made changes to their life and have had no repeat offenses.

 

[KoolGirlKaye123]

Many secondaries to not specify what should or should not be included as primary applications do. I realize some view this more as a moral question and less as a legal one. Any advice or suggestions is much appreciated. Thanks.

You should never have to report an expungement. It is not on your record. It’s like the crime/act never happened.