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  1. #1
    tyler is offline Newbie 510 points
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    Criminal record and residency...please advise

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    Hello all,

    I am not in med school yet but before I plunge head on, I would like to get some advise regarding my situation. I have a federal felony record and assuming that I find a med school that will admit me, what are my chances of finding a residency after I graduate?

    My crime was minor and did not involve prison time. My sentence was one year probation. I understand that if I don't find a residency, I can not get licensed. Funny thing is, I e-mailed my state's Medical Board and they seem to downplay my crime.

    Considering my record, I am not even going to be picky and will go to wherever I get accepted. Are the VA or the Indian health system viable options for me? Pls advise.

    Note to the Moderator: I also posted in the pre-med forum. If you think this is a duplicate, please delete the one in pre-med. Thank you.

  2. #2
    McGillGrad's Avatar
    McGillGrad is offline Permanently Banned 511 points
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    You will absolutely need to get your record pardoned/expunged or it may prevent any licensure.

  3. #3
    The Trifling Jester's Avatar
    The Trifling Jester is offline Member 510 points
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    I know in my state the application for a medical license reads:

    Applicants, who have ever, either as an adult or a juvenile, been cited, arrested, charged, convicted, or pled nolo contendere to any violation of any state or federal statute should be prepared to address the matter with the board. This includes matters that have been expunged or been subject to a diversionary program.
    It would appear that expunging your record wouldn't keep you from acknowledging your mistake to the state (at least my state) medical board. If your own state medical board downplayed your crime, then just be open and honest on your licensure application and hope for the best.

    There is a place on the ERAS application for residency that asks if you've ever been convicted of a felony. However, it doesn't state anything about expungements. So you should really ask a lawyer about that. But since you're asking the opinions of people on this board I'd say to admit to the felony and explain yourself in detail, and also explain that your state medical board said it wouldn't be a problem to get a license (if that's what they really said).

    Good luck,
    The Trifling Jester

  4. #4
    IMG2006 is offline Member 510 points
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    License

    Your problem isn't going to be getting a residency... well... yes, that will be a problem too, but it is mostly going to be getting 1) a state residency training permit, and 2) a license to practice medicine.


    Here's what you need to do- You need to contact the arresting agency and inquire about having your file expunged. If you plead Nolo, there is a small chance that this arrest has already been burried after you finished probation. HOWEVER if your fingerprints are on reccord state licensing agencies will have access to this information as it is now in the FBI master file. The expunction will only help with applying for hosp access and future jobs.

    Also, the applications for licensure and permits are now asking if you have ever been charged in many cases now. It's wise to own up no matter what... even if they would have licensed you with the charge, they'll block you like hell for lying.


    I recently went through this on a much lesser scale. I got a ticket for having a beer in my hand 4 months before I turned 21 while in college.
    Thank GOD ALMIGHTY that I wasn't booked and I was able to have the whole thing go away. I still told the medical board.


    I don't know what you did, and I don't want to know... but if it was something under the moral turpitude heading, I think you had better call the medical boards and get somethig on paper before you start up.

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    PathOne is offline Member
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    I agree that even getting the case removed from your criminal record probably wouldn't help you. However, I'm pretty sure that you wouldn't be the first physician with a blemished past. For the medical board, the important question is if a previous conviction is likely to cause concern. So I'd contact some different medical boards and get their advice.

    The WORST thing you can do is to write nothing, if asked about any previous criminal or other charges. If that's construed as lying, you license app goes down the drain, and can ultimately make you unlicensable anywhere.

  6. #6
    IMG2006 is offline Member 510 points
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    I did a little search of medical board minutes and found people who were licensed with felony records... I am assuming that these were "minor" offenses of some distant nature. You should do the same and see what you come up with.

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    yoyoson is offline Permanently Banned
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    getting a residency with a criminal record

    How hard will it be to get a residency with a criminal record? Actually I shouldnt say that there necessarly is a record. There are no convictions and the record has been expunged but I guess there always is a trail of an arrest? Will a residency program check that deeply? I know that licensure is not a problem since there was no convictions, it wasnt related to medicine, and the record was expunged, not to mention it will be a time span of 10 years.

  8. #8
    IMG2006 is offline Member 510 points
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    honest

    Quote Originally Posted by yoyoson
    How hard will it be to get a residency with a criminal record? Actually I shouldnt say that there necessarly is a record. There are no convictions and the record has been expunged but I guess there always is a trail of an arrest? Will a residency program check that deeply? I know that licensure is not a problem since there was no convictions, it wasnt related to medicine, and the record was expunged, not to mention it will be a time span of 10 years.
    If you are asked, always be honest. The charge will likely not be a problem (depending on what it was), unless you lie. Non-disclosure will follow you for life.

  9. #9
    Picard is offline Elite Member
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    I'm NOT a lawyer, so this is not legal opinion or legal advice. I'm speaking as an ex-cop who are familiar with the criminal justice system nad done background checks on new police recruits when I wore a badge.

    There is a difference between arrest record and conviction record.
    Private (non-government) entities are generally NOT allowed to ask for applicants arrest records. Residency programs are private entities. In fact, ERAS applications only ask if you were ever convicted of any felonies. You don't even have to answer "yes" if you were convicted of misdemeanors only. So, residency programs should not find out about your arrest record.

    Now, state medical licensing boards are governmental entities. They can ask you for arrest records. Some do. Many only ask for conviction records. Now, keep in mind that there is no such thing as "expungement" when it comes to dealing with government entities, especially law enforcement entities. Most medical boards have "law enforcement" divisions with fully sworn peace officers as invesigators. They have access to any records, even "expunged" records. Expungement only shields the record from the general public. The reason is, NCIC and III (Interstate Identification Index) entries are never erased. If you were ever fingerprinted for any reason (not just criminal, including fingerprints for licensure, work... etc), there is a trail. Now, even if the expungement removes the "conviction" or "arrest" record, the fingerprint trail remains. A nosy (or detail oriented) investigator will wonder why you were fingerprinted with no apparent reason attached to the trail, if the arrest disposition was removed. So, the bottom line is, if any state medical boards ask if you were ever "arrested," you must answer "yes," because they will find out.

    An arrest without conviction most likely will not be an issue with licensing boards.

    P
    Last edited by Picard; 04-22-2006 at 04:14 PM.
    Jean Luc Picard
    Academic Hospitalist/Asst. Professor of Medicine, Star Fleet Medical, Earth, United Federation of Planets
    Tactical Physician, Metro ESU/SWAT

    In Glock, We Trust... Everyone Else... Keep Your Hands Where I Can See Them.

  10. #10
    AUCMD2006's Avatar
    AUCMD2006 is offline Ultimate Member 6129 points
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    law is complicated, how about an arrest and conviction for a misdemeanor? or an arrest with com service? picard, how do they differentaiate all these? i can see how lawyers can complicate things by arguing the details...

    peace
    AUCMD2006
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