Questions about PANCE and Licensing with a sealed record on my background check

[rs36]

Hi All,

 

I was charged with a theft misdemeanor 7 years ago that was deferred and then sealed (not expunged) and I will be applying for the PANCE and my license soon.  I have nothing else on my record. 

 

Can you tell me...

 

1) If this must be disclosed on the PANCE application?

 

2) If this must be disclosed on the licensure application? I will be applying in Colorado, but I'm interested in hearing about other states as well.

 

3) Does it become searchable information for the public (e.g. future employers or patients) linked to my license?

 

 

I ask because my attorney said the sealing process allows me to answer questions as if it never happened, unless the question specifically asks about sealed records.  

 

He also said there are certain agencies that can still see sealed (or expunged) records, but he wasn't sure about the medical board.  My gut tells me to be totally honest, but if the sealing process allows me to answer no, then I'd prefer to save myself the trouble of reporting it when it isn't necessary.

 

Anyone that has filled out the applications and knows what they ask or that have similar experiences, I would greatly appreciate your input.

[EMSGuy1982]

1. Honesty is the best policy

2. Honesty is the best policy

3. Honesty is the best policy.

 

What if you didn't disclose it and it came back to bite you? If anything, it would come out in your DEA background check when you apply for prescribing rights I imagine. We are human and make mistakes. Don't make another mistake to cover another. Just bad karma.

 

Just my opinion of course... I am sure there are ways around it.

 

Hope it works out for you.

 

Also: It might come up again after you pass your PANCE as the NCCPA has you answer a series of questions upon passing the exam.

[UGoLong]

Not sure what sealed without being expunged means. Best to talk with a lawyer before you disclose anything.

 

 

Sent from my iPad using Tapatalk

[hrubenstein]

Sealed without being expunged means it's still there. This means if you request a copy of your "rap sheet" it will be there. If another entity sees your "rap sheet" it will not be there with some exceptions. The medical board may be one of these exceptions. You have to read the questions carefully and ask your lawyer what to answer but generally speaking he/she is correct. Unless the question asks about "sealed" records you can legally answer no.

[rs36]

Thanks all for your input.

[Boatswain2PA]

If the question asks "Have you ever been arrested?"...and you HAVE been arrested....then just say yes.

If the question asks "Have you ever been charged?"...and you HAVE been charged....then just say yes.

 

If the question asks "Have you ever been convicted?"...and you HAVE been convicted....then just say yes.

If you say yes to any of these, they will want a statement about what happened.  

For your license, they may require documentation.

My example:  I was arrested in the Socialist Commonwealth of Massachusetts for physically removing a teenager from my house.  In the Socialist Commonwealth of Massachusetts, if you TOUCH someone you will be arrested and charged.  This puts money into the local PD, bail bondsmen, and attorneys pockets.  Of course, one has the right of self-protection, so the charges were dropped.

For licensure/credentialing applications, I say No to convictions, but have to say "Yes" to being arrested and charged.  

It did hold up my state licensing for about 2 months.  I had to get the arrest and court report showing charges were dropped and send them to the board.  Then, in my state at least, the disciplinary panel (who looks at such things) only meets once every 3 months.  They reviewed what I sent and recommended I get my licensure.  End of story.

Just tell the truth.  Don't even TRY to hide it.  Say yes you've been arrested, charged, and convicted, and then say it was sealed, and have an explanation for it.  

 

Good luck!

[CJMO]

Tell the truth. I've been arrested/charged 4-5 times and disclosed everything. After disclosing it I was required to write a formal paper explaining the arrests, charges, disciplinary actions, and resulting convictions. I was scared I would't get my license (On paper I look like a grade A criminal). Sure, It did delay the process but that's about it. Think of the license application as a test of your current character.

Boy did I sweat about it during that time while waiting!

[BruceBanner]

I would follow your attorney's advice. I'm pretty sure a sealed record means it will not turn up on a background check. But confirm with your attorney.

 

And not to be a rebel here, but if employers and the states cant see or access documentation this charge ever occurred....why say yes? That's do-gooder paranoia.

 

Another helpful thing to do would be run a background check on yourself. You can do it through the state's Bureau of Investigation and the state court system. Might put your mind at ease.

[cop to pa]

Ask your lawyer to send you an email or mail you a letter explaining his recommendation. That way, if the board does find fault with you, you may be able to point to your bar licensed lawyer and foist it on him. The board may then look past it as a non-purposeful omission.

[rs36]

Again, thanks all for your responses.

 

This does not currently show up on regular background checks because that is what the sealing process does (gives people a second chance after making a really dumb mistake) and you can answer questions as if the situation never occurred.

 

 For PA school it asked if I had any convictions and with a dismissal of the case, I have no convictions so I answered no and the sealed case didn't show.  I just asked this question because I wasn't sure if a medical board had a more detailed background check that can see sealed cases.

 

The case can only be un-sealed and read if ordered by a judge.  I guess I'll just wait to see what the question asks on the application.

 

Thanks again for your input.

[rs36]

Follow up to anyone reading this thread...

 

For Colorado, if you search any current PA's license you will see the following (note the last few lines: sealed or expunged do not need to be reported).

 

This does ask "since you were issued a license" meaning since you've been practicing medicine has any of these things occurred, so the question on the original licensing application may ask the question about convictions prior to you obtaining your first license.  If your case was dismissed, you were not convicted, if your case was expunged or sealed and it asks to report those then state it, but they'd have to have it unsealed by order from a judge to read any of the details.  

 

Convictions
  Since you were issued a license to practice your profession in any state or country, have you had any final criminal conviction(s) or plea arrangement(s) resulting from the commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction?

Policy:
All applicants are required to report any final criminal conviction or plea arrangement resulting from a felony or crime of moral turpitude in any jurisdiction. Applicants are only required to report criminal convictions finalized after they were issued a license to practice their profession from any jurisdiction. The Director of the Division of Professions and Occupations ("Director") interprets the terms as follows: 

A. Felony Conviction: A felony conviction includes a conviction of or a plea of guilty to any crime that:

1. Was committed in the state of Colorado and defined as a felony in the state of Colorado;
2. Was committed in any jurisdiction and defined as a felony under the law of that jurisdiction;
3. Was committed in any jurisdiction and the elements would meet the definition of a felony under Colorado law.

B. Crime of Moral Turpitude: The following misdemeanors are considered crimes of moral turpitude and must be included in profiles (all references to title, article, or part number refer to the Colorado Revised Statutes): 

1. Assault, menacing, unlawful sexual behavior, or other offenses set forth in Title 18, Article 3;
2. Arson, theft, trespass, criminal mischief, or other offenses set forth in Title 18, Article 4;
3. Any of the offenses involving fraud set forth in Title 18, Article 5;
4. Computer crime set forth in Title 18, Article 5.5;
5. Any of the offenses involving family relations set forth in Title 18, Article 6, Parts 4 (wrongs to children), when committed knowingly or recklessly; 6 (harboring a minor); or 8 (domestic violence);
6. Any offense constituting wrongs to at-risk adults set forth in Title 18, Article 6.5;
7. Prostitution, indecent exposure, criminal invasion of privacy, or other offenses set forth in Title 18, Article7;
8. Any offense in any jurisdiction that is committed intentionally, knowingly, or recklessly, and involves violence, coercion, threats, cruelty, fraud, deception, or deprivation of legally recognized rights; or
9. Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or participation as an accessory to any of the above offenses.

C. Final Conviction or Plea Arrangement: A final criminal conviction or plea arrangement must be reported according to the timeline outlined in the applicant's professional license governing statute, or within 30 days of sentencing following a court or jury verdict, or sentencing following the entry of a plea of guilty, no contest, or nolo contendere. If an appeal is pending at the time the profile is completed, the conviction must still be reported but can be removed at a later date by the applicant if the appeal results in a reversal of the conviction. Additionally, if an applicant successfully completes the terms of a deferred judgment and the guilty plea is withdrawn, the applicant may update their profile accordingly. 
Items that do not need to be reported include:

1. Juvenile adjudications; and
2. A conviction that has been sealed or expunged by a court.

 

 

[mmiller3]

I would follow your attorney's advice. I'm pretty sure a sealed record means it will not turn up on a background check. But confirm with your attorney.

 

And not to be a rebel here, but if employers and the states cant see or access documentation this charge ever occurred....why say yes? That's do-gooder paranoia.

 

Another helpful thing to do would be run a background check on yourself. You can do it through the state's Bureau of Investigation and the state court system. Might put your mind at ease.

 

I second this.

 

Definitely consult with your attorney to ensure nothing will show up on a regular background check nor anything that would DQ you from getting your DEA; if nothing shows up, I am in the "mum's the word" bleachers. You have nothing to gain from admitting to something from your past (assuming it IS in the past, and not going to happen again), but potentially everything to lose.