How to disclose arrests on ERAS

[ProffesorOakDO]

Hello,

I have to disclose 2 prior arrests when it comes to my ERAS app (Both are marijuana possession charges). These happens 7-6 years from when I will apply to residency. Both charges were dismissed (so no conviction)

ERAS asks:
1. Have you been convicted of a felony?
2. Have you been convicted of a misdemeanor?
3. Is there anything in your history that will limit your ability to get lisence I’d get hospital privileges?

My question is can I put NO to all three (to avoid the filters) and disclose the arrests anyways; again I was arrested but the charges were then dismissed. I think No to #3 is an honest answer but I still have to disclose this information.

Where can I disclose? Can I put NO and still type in the box? Can I send an addendum?

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[beaglesbagles]

Why do you have to disclose an arrest for a dismissed charge? Are they specifically asking for this information?

Anyone can be charged at the whims of any police officer. This may not be likely, and people tend to assume that a person with a charge or many charges is a risky employee/tenant/licensee, but a charge isn't proven in court, so nobody can or should act on these biases. Least of all the medical board.

My actual advice to you is to take your ERAS application and the regulations of the state you wish to practice in to a lawyer. Listening to people on the internet for such an important form is not a good idea.

 

[GuillainMollaret]

Talk to a lawyer and take everything you read on here with a large grain of salt including my advice.

Since you were not convicted and the question only asks about convictions, there is nothing you need to disclose. You should also work to make sure your record is sealed or expunged if not already done.

 

[ndafife]

Arrests are not convictions. Answer no to all 3 and do not send an email talking about arrests.

The only reason to disclose arrests would be if it were a recent arrest and things weren't going to play out in court until after the submission deadline

 

[ProffesorOakDO]

Well people tell me to disclose becuase it’s going to come up in a background check. That I might get in trouble if I don’t

 

[ProffesorOakDO]

In other words it’s an “out of abundance of caution thing”. I’m still not sure what I’ll end up doing...
Either way it seems like a minor thing. And don’t worry I won’t make a decision based on these forums alone. I think it’s interesting to hear what others would have to say though

 

[Matthew9Thirtyfive]

Anyone can be charged at the whims of any police officer.

I think you might have your terms confused. Being detained is not the same as being arrested is not the same as being charged. When a police officer arrests you, that doesn’t mean you have been charged with anything, which is a decision made by the prosecutor.

 

[Matthew9Thirtyfive]

Well people tell me to disclose becuase it’s going to come up in a background check. That I might get in trouble if I don’t

Why would you get in trouble for not disclosing something they don’t ask you about?

 

[ProffesorOakDO]

@Matthew9Thirtyfive
I was arrested and charged. It was dismissed both times in court. I expunged the first one. I second one comes out in CBC as “Charge dismissed”. Can’t get that one expunged

 

[Matthew9Thirtyfive]

@Matthew9Thirtyfive
I was arrested and charged. It was dismissed both times in court. I expunged the first one. I second one comes out in CBC as “Charge dismissed”. Can’t get that one expunged

So you were not convicted. I’m still failing to see how you have to disclose anything. It’s not asking about charges.

 

[ProffesorOakDO]

The argument for disclosing goes something like this: I don't say anything, I match, PD finds out in background check or when I apply for license, gets mad at me and then... fire's me or something. I kinda just assumed you disclose this kind of stuff. Maybe i'm wrong, maybe not. When I was admitted to my med school and they found out it after the CBC they advised me to disclose this when I applied to residency... though someone else might tell me differently I guess

 

[Morzh]

So you can probably answer no to all those questions truthfully, but after you match you're going to have to apply for training permit from your state's medical board, and many hospitals will conduct their own background checks. If they ask about arrests without convictions - do not lie.

For example in my state the medical license application has a whole series of similar questions designed to close all the loopholes, "Have you even been arrest? Have you ever been convicted? Have you ever plead no contest to a charge? Have you ever been arrested but later had the charges dropped?", etc.

Cautionary tale: At my program there was an applicant who had an arrest when he was in undergrad. Got into med school fine, looked good on paper, applied through ERAS, no red flags since he didn't have a conviction, application season proceeded smoothly for him. Matched to our program, then applied for his physician-in-training permit from the medical board (on which he lied and said "no" to the more strict questions) - they have powerful background check tools (it's the state government) so the arrest showed up. He tried to explain it away and claim ignorance of the rules, but even after multiple appeals and whatnot, ultimately medical boards have no mercy when it comes to lies. They do not exist to help physicians, they are beholden to the state's taxpayers and are very wary of bad PR. They pride themselves on being "tough". He was denied his PIT, not necessarily because of the old arrest, but because he lied about it. Instant game over. By extension his residency contract was terminated before he even began, as he was no longer qualified to practice medicine in our state.

 

[ProffesorOakDO]

@Morzh I see what you are saying. And good point. Lying to the medical board is different that not disclosing something that arguably does not need to be disclosed in ERAS. You have to tell the medical board everything because they will find out everything. ERAS may be be beginning but it's really the only problem here. I would tell the medical board every-time I got detention in high school if they ask. W

 

[pbrocks15]

So you can probably answer no to all those questions truthfully, but after you match you're going to have to apply for training permit from your state's medical board, and many hospitals will conduct their own background checks. If they ask about arrests without convictions - do not lie.

For example in my state the medical license application has a whole series of similar questions designed to close all the loopholes, "Have you even been arrest? Have you ever been convicted? Have you ever plead no contest to a charge? Have you ever been arrested but later had the charges dropped?", etc.

Cautionary tale: At my program there was an applicant who had an arrest when he was in undergrad. Got into med school fine, looked good on paper, applied through ERAS, no red flags since he didn't have a conviction, application season proceeded smoothly for him. Matched to our program, then applied for his physician-in-training permit from the medical board (on which he lied and said "no" to the more strict questions) - they have powerful background check tools (it's the state government) so the arrest showed up. He tried to explain it away and claim ignorance of the rules, but even after multiple appeals and whatnot, ultimately medical boards have no mercy when it comes to lies. They do not exist to help physicians, they are beholden to the state's taxpayers and are very wary of bad PR. They pride themselves on being "tough". He was denied his PIT, not necessarily because of the old arrest, but because he lied about it. Instant game over. By extension his residency contract was terminated before he even began, as he was no longer qualified to practice medicine in our state.

These kinda stories are scary.

 

[beaglesbagles]

I think you might have your terms confused. Being detained is not the same as being arrested is not the same as being charged. When a police officer arrests you, that doesn’t mean you have been charged with anything, which is a decision made by the prosecutor.

I'm not confused.

A charge is not a conviction.

 

[Morzh]

These kinda stories are scary.

Just don't play games with your medical board, or try to rationalize that the rules somehow won't be applied to you because "after all, I'm sure they're reasonable people at the end of the day". If you're worried about exactly what or how to disclose, it's probably worth the investment to hire an attorney to help guide you.

 

[Matthew9Thirtyfive]

I'm not confused.

A charge is not a conviction.

You said you can be charged at the whim of a police officer. That isn’t true. You are charged by the prosecutor. Being arrested isn’t the same as being charged which isn’t the same as being convicted.

I’m basically saying he shouldn’t be worried about disclosing.

 

[GoSpursGo]

Please don't post the same thread in multiple locations. Anyone wishing to answer the OP's question, and wondering about the background of what he has already been told, may go here: ERAS Expunged Arrest Disclosure