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Unique legal acceptance question...
Started by LegalQ1
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I've got nothing based on similar experiences I've dealt with myself... this is dealt with on a level that is much higher than where I sit.
The problem, as I see it, is that the school can't "unknow" what shouldn't have been divulged to them but was divulged. I think that you need to reiterate that you were completely honest in your responses and that the sealed record was not something that you were required to divulge in response to the question you were asked. The reason the courts even have these seals is to give youngsters a fresh start when a minor criminal record might otherwise derail a career before it even starts.
Now, the schools find themselves in a tough place. If you screw up sometime in the future and someone gets hurt, someone may dig out this dirt about you and raise a question as to why the school permitted someone with a known history of X from ever matriculating at their school. Then the school has to tap dance around that question.
It really stinks and if you don't get admitted because of a mistake made by the company that did the CBC, you might have some legal recourse against that company. If the worst case scenario happens and you end up kicked out of medical school before you begin then consult a lawyer about what might be done.
The problem, as I see it, is that the school can't "unknow" what shouldn't have been divulged to them but was divulged. I think that you need to reiterate that you were completely honest in your responses and that the sealed record was not something that you were required to divulge in response to the question you were asked. The reason the courts even have these seals is to give youngsters a fresh start when a minor criminal record might otherwise derail a career before it even starts.
Now, the schools find themselves in a tough place. If you screw up sometime in the future and someone gets hurt, someone may dig out this dirt about you and raise a question as to why the school permitted someone with a known history of X from ever matriculating at their school. Then the school has to tap dance around that question.
It really stinks and if you don't get admitted because of a mistake made by the company that did the CBC, you might have some legal recourse against that company. If the worst case scenario happens and you end up kicked out of medical school before you begin then consult a lawyer about what might be done.
I suspect that the school is going to want to cover it's ass. What they're looking for is that you applied honestly and didn't try to hide anything. I had another "advisee" go though this ordeal but s/he came through fine. You might need to confer with an attorney on the "I thought it was sealed and therefore didn't think I had to respond" defense.
Sealed records are not always sealed, BTW.
If the prompt asked you for convictions, then you should have listed both convictions.
if the prompted asked "for convictions, but ignore those that are sealed", then you're in the clear, I feel.
So what exactly was the prompt????
Sealed records are not always sealed, BTW.
If the prompt asked you for convictions, then you should have listed both convictions.
if the prompted asked "for convictions, but ignore those that are sealed", then you're in the clear, I feel.
So what exactly was the prompt????
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This is why you are given the option to perform your own background check.
I would try to get some information on the meeting beforehand. If this is a meeting about you not including it, bring the document sealing the records and it should be a simple fix. If its about what you did, be prepared to explain it, while emphasizing that it was sealed
I would try to get some information on the meeting beforehand. If this is a meeting about you not including it, bring the document sealing the records and it should be a simple fix. If its about what you did, be prepared to explain it, while emphasizing that it was sealed
I did 5 different background checks on myself and none of them showed the sealed charge. I have no idea why the school's service had a different result.
"You need NOT disclose information about any of the following...
A juvenile or criminal record that has been sealed or expunged"
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Thank you for the responses - much appreciated. I will be honest and hope for the best.
I assume Goro was asking about whether the secondary app asked about misdemeanors
No questions on the secondary regarding this issue.
^this sounds like how the question was worded on the primary application - but for many secondaries, they don't necessarily specify that you shouldn't disclose sealed/expunged records, which would lead me to believe you should have disclosed both convictions for those schools....
EDIT: just saw your post, damn sorry that sucks
I suspect that you'll be OK, but don't be surprised if the school puts you through the wringer. Hang tight and let us know how it turns out!
Just to be clear OP, you ordered your own Certiphi background check prior to the school performing it's own check? and only 1 misdemeanor showed up? I ask this because different background check companies may provide you with different results (This may have happened to you if you didn't over a Certiphi check).
Before this meeting, I would double check if you were ever required to notify schools of ALL convictions in your history (some schools ask for this). However, if throughout the process, you were only required to mention unsealed convictions, you may have a point.
Also, what type of convictions are we talking about? and at what age did they happen? Is it assault and battery? or minor age drinking?
Before this meeting, I would double check if you were ever required to notify schools of ALL convictions in your history (some schools ask for this). However, if throughout the process, you were only required to mention unsealed convictions, you may have a point.
Also, what type of convictions are we talking about? and at what age did they happen? Is it assault and battery? or minor age drinking?
