Current residents ever been arrested?

[arto22]

I was wondering what happens if you are a licensed resident and you were arrested for a felony charge (i.e. battery). Lets say you go to court and the charge gets dismissed, does it ever show up on your record? Do you have to report this HR (i.e. that you got arrested)? It seems pretty likely that the charges against me will not hold up based on my conversation with law enforcement and the accuser does not want to file charges but I still worry about longterm implications. I intend to also hire an attorney to make sure you this gets expunged.

For whatever it's worth, this was a terrible accident and I have a spotless record otherwise.

Thanks

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[the argus]

I can’t tell you anything about your long-term criminal record, etc.

What I can say for sure now after filling out forms for residency, a full state license, and credentialing for multiple hospitals as an attending is that the questions on these forms are not always “ever been convicted of.” They are often “ever been charged with,” etc. Regardless of your upcoming legal outcomes, you should be prepared to disclose this incident for the remainder of your professional career.

You should also go back and make sure you didn’t sign something for your current position stating that you would disclose any pending or ongoing legal charges, etc, which is not an uncommon credentialing form. If you did sign such a document, and you don’t disclose this to your current HR and they find out about it, it could be grounds for dismissal even if the charges are eventually dropped.

 

[deleted480308]

there very well could be some language in your employment that makes you disclose

 

[Raryn]

Depends on the case. If you're not convicted you're probably overall OK - but if it makes the news, you are probably boned. Just look at the 4th year neuro resident who assaulted the Uber driver. They fired her with only months of residency left to go.

 

[BoardingDoc]

Depends on the case. If you're not convicted you're probably overall OK - but if it makes the news, you are probably boned. Just look at the 4th year neuro resident who assaulted the Uber driver. They fired her with only months of residency left to go.

She still got to practice medicine it seems. She's listed as practicing FM on some facebook page... but also listed as psych elsewhere on google?

But yeah, either way this is not someone to use as a role model in medicine or elsewhere for that matter.

 

[Raryn]

She still got to practice medicine it seems. She's listed as practicing FM on some facebook page... but also listed as psych elsewhere on google?

But yeah, either way this is not someone to use as a role model in medicine or elsewhere for that matter.

Last we talked about it on this forum, she's just a "general practioner" (i.e. not board certified or eligible). She did enough residency she's eligible for a license, so she changed her name and hung up a shingle.

 

[atomi]

the questions on these forms are not always “ever been convicted of.” They are often “ever been charged with

Can confirm.

 

[the argus]

Can confirm.

For instance, here's copy/paste from the Massachusetts medical license application instructions under CRIMINAL HISTORY,

"You must report being arrested, arraigned, indicted or convicted, even if the charges against you were dropped, filed, dismissed or otherwise discharged. A charge of operating under the influence or its equivalent is reportable. A medical malpractice claim is a civil, not a criminal, matter and need not be reported for purposes of this question.

For each criminal proceeding in which you were named a defendant, certified copies of the complaint, judgment or other disposition and a copy of the police report must be sent to you in sealed envelopes from your lawyer, the court or other appropriate agency. The sealed envelopes must be included with your full license application. You must also provide a detailed explanation of the incident, including date, time, place, the court action and final disposition. If in doubt as to whether an arrest or criminal offense must be disclosed, it is best to disclose the action on your application.

Expunged/Sealed Offenses: While expunged offenses, arrests, tickets or citations need not be disclosed, it is your responsibility to ensure the offense, arrest, ticket or citation has, in fact been expunged or sealed. Failure to reveal an offense, arrest, ticket or citation that is not in fact expunged or sealed, raises questions related to truthfulness in addition to questions regarding the offense itself. You may have been told your record is expunged or sealed when in fact it is not. If, during the course of the application process, information about an offense is discovered which you did not disclose because you believed it to be expunged or sealed, you will be required to provide a copy of the expunction or sealing order."

 

[Smurfette]

1. First, IMO you need to tell your PD ASAP so they know there could be a problem. Since it's a felony charge that involved (presumably) harm to another person, the last thing you want is the hospital or PD finding this out from anyone else. As others have stated, you may also be required to report it in a certain time frame under hospital policy, and failing to do so could have consequences. In my hospital, not self-reporting it in the required timeframe results in automatic suspension. Same thing may apply depending on your state and the licensing board requirements as others have stated.
2. You need to very carefully read the questions regarding arrests, etc. on privileging and licensing forms. Some ask about arrests/charges, others just ask about convictions. Always answer truthfully. If the charges are dropped, at worst you'll have to explain what happened (briefly) and perhaps answer some additional follow up questions to your explanation, but it's unlikely it would prevent you from getting licensed or privileged.
3. Even if expunged, it could show up on some deeper background checks.
4. The lawyer you intend to hire is the one who will know the most about your case and nature of charges and legal ramifications. This is who to ask about what needs to be reported on future licensing/privileging forms going forward.

 

[studentofsdn]

are juvenile delinquency cases taken into account for residency and/or licensure? There are different terms for everything for juveniles, so it's always unclear whether it must be reported or not (e.g. juveniles can't even be called criminals; there are no "arrests", there are only "juveniles taken into custody")

 

[Raryn]

are juvenile delinquency cases taken into account for residency and/or licensure? There are different terms for everything for juveniles, so it's always unclear whether it must be reported or not (e.g. juveniles can't even be called criminals; there are no "arrests", there are only "juveniles taken into custody")

For residency only convictions matter. Nothing else is even reportable. Sealed/expunged stuff (which most juvenile crimes end up being if you pursue it) is irrelevant.

For licensure, it may or may not be reportable (as above) but I can't imagine the board will care. Worst case scenario you just have to write a letter of explanation. Unless the crimes are of a particularly concerning nature - DUI might be enough to get the boards attention for example - it will end there.

 

[studentofsdn]

For residency only convictions matter. Nothing else is even reportable. Sealed/expunged stuff (which most juvenile crimes end up being if you pursue it) is irrelevant.

For licensure, it may or may not be reportable (as above) but I can't imagine the board will care. Worst case scenario you just have to write a letter of explanation. Unless the crimes are of a particularly concerning nature - DUI might be enough to get the boards attention for example - it will end there.

Good to know the board can be reasonable and isn't all or nothing. I think it's sealed (happened over a decade ago), but not expunged. Don't want to pay for expunction if not necessary.

 

[arto22]

Thanks for the advice. I have not been charged with anything yet as the prosecutor has yet to review it. I have hired a seasoned attorney and we are hopeful case will be dropped prior to any hearing or filing of charge. *fingers crossed*

I reviewed my employment contract and there is nothing that stipulates I have to inform them of the arrest. I only have to inform them if I am aware of any action by a state licensing board. I reviewed in my state and there is nothing that would cause any investigation at this stage or would require me to report until charges are filed.

I'm still very nervous, however, so I am going to just talk to my PD as she knows me well and this is out of character for me (I have a spotless record). I am only a few months away from finishing the program as well so I'm hoping that all the strong work I have done as a resident will outweigh this arrest.

 

[operaman]

Thanks for the advice. I have not been charged with anything yet as the prosecutor has yet to review it. I have hired a seasoned attorney and we are hopeful case will be dropped prior to any hearing or filing of charge. *fingers crossed*

I reviewed my employment contract and there is nothing that stipulates I have to inform them of the arrest. I only have to inform them if I am aware of any action by a state licensing board. I reviewed in my state and there is nothing that would cause any investigation at this stage or would require me to report until charges are filed.

I'm still very nervous, however, so I am going to just talk to my PD as she knows me well and this is out of character for me (I have a spotless record). I am only a few months away from finishing the program as well so I'm hoping that all the strong work I have done as a resident will outweigh this arrest.

Good idea.

The language regarding this typically isn’t in the contract itself, but in some other handbook or policy document that is referenced in some way in your contract.

 

[d2305]

I just looked at the form, and it asks for convictions (Fl).

 

[Mr.S]

Thanks for the advice. I have not been charged with anything yet as the prosecutor has yet to review it. I have hired a seasoned attorney and we are hopeful case will be dropped prior to any hearing or filing of charge. *fingers crossed*

I reviewed my employment contract and there is nothing that stipulates I have to inform them of the arrest. I only have to inform them if I am aware of any action by a state licensing board. I reviewed in my state and there is nothing that would cause any investigation at this stage or would require me to report until charges are filed.

I'm still very nervous, however, so I am going to just talk to my PD as she knows me well and this is out of character for me (I have a spotless record). I am only a few months away from finishing the program as well so I'm hoping that all the strong work I have done as a resident will outweigh this arrest.

I would talk to my attorney before you start talking to anyone about this first and ask his/her opinion

 

[Mad Jack]

Depends on the case. If you're not convicted you're probably overall OK - but if it makes the news, you are probably boned. Just look at the 4th year neuro resident who assaulted the Uber driver. They fired her with only months of residency left to go.

Well deserved tbph