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Kline208

Have been working towards PA school but made a huge mistake

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I think you need to get your gpa up first. If you're charged with this, You'll have a major set back as well

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^^Agree.  Even without the DUI, your stats aren't stellar.  Increase the GPA, get more HCE, and see how the DUI thing pans out.  Don't waste the money applying this year.

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Your GPA isnt good but thats not what I find alarming. What I find alarming is how you phrased your DUI statement. You say you were accused...? Kind of sounds like youre not taking full responsibilities for your actions. On CASPA you will have to report this and when that happens youll need to be mature about it and use better phrasing than "accused".

 

You should wait a year or two. People with DUIs can get into med school (i presume the same for PA school) but it usually takes many years to distance themselves from that mistake.

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I'm not a person who hasn't made mistakes. But for me, DUI is one of those things that is so careless that it makes my empathy/sympathy run thin.

 

You're accused of a DUI? So did you not take the breathalyzer? Did they not do blood work on you when you refused this as that is protocol? Like MyNamewasused said, own up to your actions. We are aspiring health professionals. We put our patients first. You decided to drive in an impaired state and put others lives at risk as well as your own. I've been out drinking many a times and always use a DD or uber.

 

I would take time before applying. Speaking stats wise, your stats are below mediocre. GPA is low and phleb experience is not that great. Add on the DUI and I think your chances are shot for this cycle.

 

My advice, take the year to reflect on your actions, handle your case and improve your stats.

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To be fair, he was just arrested for DUI within the past weeks. He hasn't been convicted yet, so "accused" is not incorrect terminology. Weak, but not wrong.

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As this is your first offense and you are otherwise upstanding (it seems like), the judge may go easy on you. Tell them you are happy to do deferment, get an ignition lock, whatever it takes to get this taken care of. Later, you can use it to highlight how you have changed and grown up.

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Try to see if you could have some kind of pre-trial intervention and get the record sealed/expunged. There are plenty of health care professionals that have gotten DUIs that have had no effect on their careers (I personally know some of them).

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I want to apologize for my phrasing. I was trying to be as accurate as possible. I own this mistake and understand nobody is responsible other than myself. I have decided to forgo this year and really reevaluate my priorities and focus on my own person and future. I did not mean to offend anyone. It was an incredibly selfish decision for me to make. I want to be a healthcare professional. Unfortunately I have lost sight of important aspects of life. I'm happy nobody was hurt in this mistake as well as myself. Thank you for your replies. I will wait for this cycle, try to accumulate more hours in experience, volunteer hours, and do my best to raise my GPA anyway I can. Also a commitment to my sobriety will also be a priority. It's apparent I cannot maturely handle alcohol, so I will abstain. Again, thank you for the replies.

There are two types of people who make mistakes: Those who make excuses, and those who make changes.  It sounds like you're well on the path to the latter one.  None of us can promise that things will work out as well in the long run as if you'd never made that mistake in the first place, but I can tell you you seem to be choosing the right path for where to go from here.

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Hopefully this is only your first offense and the judge may have some leniency on you. Were you actually arrested? If so, my advice would be to lawyer up and inquire about a Continuance without a Finding (CWOF). What state are you in? This may vary from state to state, but a CWOF is not pleading guilty - but it's somewhat of an admission that there are enough sufficient evidence/facts to actually find you guilty, (similar to a nolo contendere, or no contest plea). You know that box that asks you [if you've ever been found guilty of a crime]? Well, you can honestly answer "no" as a CWOF is not a conviction nor a pending case. Take this as a grain of salt as it varies from case to case, but most likely they may have you pay a fine, place you on probation for period of time, or implement any other condition(s) the judge may deem necessary all while the CWOF is in place. However, if you violate any of these conditions, you're done. Once the CWOF is successfully completed, the matter will be dismissed.

 

Here's the key part, the courts will not inform you that the arrest and the (CWOF dismissed) will appear on your record. Any company/institution, school, etc will be able to see this on your record. It is imperative to make sure (YOU) SEAL THE RECORD after the case has been dismissed!

 

Good luck man. I hope you learn from this mistake and things work out for you. PM me if you have any other questions

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Just a minor point: CWOF has nothing to do with whether there is enough evidence. One of the best explanations I've heard of this came from one of our district court judges. Basically, your case goes on a shelf. As long as you don't screw up, it stays on the shelf. After a certain amount of time, if no one looks at it, it goes in the trash.

 

Also, sealing a case does not remove an arrest. Courts and law enforcement will still see all arrests. Some government employers that use federal law enforcement for background will still see the arrest.

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Just a minor point: CWOF has nothing to do with whether there is enough evidence. One of the best explanations I've heard of this came from one of our district court judges. Basically, your case goes on a shelf. As long as you don't screw up, it stays on the shelf. After a certain amount of time, if no one looks at it, it goes in the trash.

 

Also, sealing a case does not remove an arrest. Courts and law enforcement will still see all arrests. Some government employers that use federal law enforcement for background will still see the arrest.

True on both counts (CWOF and arrest record). When I worked for a PD and ran background checks I could see every arrest even if the subsequent charge was dismissed. It's as if there are two separate records: arrest and criminal. (There's also driving but I won't include that for now.)

 

Talk to a DUI lawyer and ask what you might be able to do in order to up your chances of either CWOF or pretrial intervention. That might mean you get yourself into AA now, start doing community service now, and seeing a therapist now. You want to show ownership of this and also remorse.

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Just a minor point: CWOF has nothing to do with whether there is enough evidence. One of the best explanations I've heard of this came from one of our district court judges. Basically, your case goes on a shelf. As long as you don't screw up, it stays on the shelf. After a certain amount of time, if no one looks at it, it goes in the trash.

 

Also, sealing a case does not remove an arrest. Courts and law enforcement will still see all arrests. Some government employers that use federal law enforcement for background will still see the arrest.

Interesting. Here's my interpretation on this...If I were the defense lawyer on this matter and aware of the fact the prosecution potentially have enough sufficient evidence beyond reasonable doubt proving my client to be most likely found guilty, I would try my best to avoid moving forward with a trial (e.g. CWOF). However, if I were the defense lawyer and felt I had enough sufficient evidence to prove beyond reasonable doubt my client is not guilty, I would most likely proceed to trial to fight this matter against my client.

 

You are correct about the arrest record. Sorry for the confusion there. Law enforcement, some govt employers (esp federal), and courts - board of probation (BOP) will be able to see your arrest record no matter what. However, they will not be able to unseal/view a record once it has been sealed, unless they obtain a court order (and that's under VERY special circumstances). Correct me if I'm wrong, but I believe they will instead only see that a record had been sealed and no further information given - this pertains to high level clearance checks here. This does not apply to your standard employer/school background checks, in this case, PA school. The standard criminal background checks will yield no results once the case is sealed.

 

True on both counts (CWOF and arrest record). When I worked for a PD and ran background checks I could see every arrest even if the subsequent charge was dismissed. It's as if there are two separate records: arrest and criminal. (There's also driving but I won't include that for now.)

 

Talk to a DUI lawyer and ask what you might be able to do in order to up your chances of either CWOF or pretrial intervention. That might mean you get yourself into AA now, start doing community service now, and seeing a therapist now. You want to show ownership of this and also remorse.

Exactly, seemingly two separate records. I mistakenly kind of bunched the arrest and criminal together earlier.

 

This is sage advice for the OP.

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If, for example, you apply for a job to be a PA for the CIA at Langley, the FBI will be doing your background. If they ask if you've ever been arrested, and you say no, you lied on your application. When the FBI runs you, they will see the arrest, and you've just lost that job.

 

I could give two damns if a court record is sealed. I'm talking about reporting arrests when asked, not convictions.

 

You can interpret CWOF however you want. Real life is different than a hypothetical one.

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I know of one instance where the pre-PA student was told by a lawyer that the item was expunged only to have it bite him when he went for his PA license. Just be wary of being told this before you sign anything. The state wanted him to do a 30 day program (of course at his expense)...not sure if he ever went through with it or what happened to him.

 

Also not only on the CASPA app will you need to acknowledge this but since it will likely show up on any background check going forward you might have to always acknowledge that question with an affirmative so that it doesn't look like you're hiding something. I'm talking state licensing app, DEA app, hospital credentialing app...who knows what else. So be careful being told by an attorney that "don't worry its taken care of"! Good luck.

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Correct me if I'm wrong, but I believe they will instead only see that a record had been sealed and no further information given - this pertains to high level clearance checks here. This does not apply to your standard employer/school background checks, in this case, PA school. The standard criminal background checks will yield no results once the case is sealed.

 

Whenever I ran a background check while working for the PD and something came across as "sealed" that raised a lot of questions but that's because I was checking people who wanted firearms licenses or to join the PD in some capacity (civilian employees or police officers). We would require the individuals to sign a release to allow us to view those sealed files while also giving them a chance to tell us about it ahead of time. The more forthcoming they were the better it went for them. Those who feigned ignorance didn't get a call back about employment and they usually didn't ask to proceed with their application. Those who took responsibility and were completely honest with me about their past misdeeds earned my respect.

 

That said I actually don't know how things look when a non-LE background check is done. I had direct access to state records and the FBI's III which shows a lot, but I imagine a private background search doesn't show arrest records and only shows that is publicly available from court filings. It is possible that a criminal case that has been sealed would show up on a non-LE background check as "sealed" or it might not show up at all. I can also think of situations where the sealing didn't actually seal the filed due to clerical errors so it may behoove someone to check their own records by using a non-LE background search every few years to see what is appearing.

 

In all cases someone should consult with a lawyer in each state where they plan to apply and ask for legal advice as how to answer the questions asking if you have ever been charged or convicted of any crime in any jurisdiction.

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