How do I "correctly" disclose an ACD that was dismissed over 10 years ago?

Asked about 1 year ago - New York, NY

I was charged for petit larceny at my prior university. I will be applying for professional licensure; physician. The questions on the application require that I report only convictions but obviously they will find out about the ACD being a government agency. I am thinking to include the certificate of disposition with an explanation. The PROBLEM:

1.) In the explanation do I admit to guilt: (Even though an ACD is NOT an admission of guilt OR innocence) Making me look like I am owning up to the problem but potentially as someone lacking moral turpitude. OR

2.) Explain it as a misunderstanding: Potentially making me look like I am not owning up to it.

I WILL seek legal advice but in the mean time I would appreciate some peace of mind. Thank you for your help.

Attorney answers (5)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . I know you WILL seek legal counsel, but you really should be doing that as a first course. My reflexive answer would be to disclose and explain, rather than explain later why you did not disclose, however, an attorney experienced with this particularly licensing procedure might well have a different (and more correct) opinion. If it makes you feel better, I don't think this issue will be a major obstacle to licensure, but I wouldn't want to you screw it up, so best to get an attorney to walk you through it. May be the best money you ever spent.
    www.anthonysolis.com

  2. Howard A. Schwartz

    Contributor Level 19

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    Lawyer agrees

    1

    Answered . Employment attorneysay have a different view but you should respond to questions asked. If there is no question pertaining to the issue it would seem a viable option is to keep the matter to yourself. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . I'm not sure a governmental agency will see the case. It is sealed and the only exceptions in the statute are applications to become a police officer or for a gun license. That said, a truthful explanation is that you got arrested and the case was dismissed.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Marco Caviglia

    Pro

    Contributor Level 19

    Answered . Frankly, you've meandered with these questions for a couple of weeks now on this site, and you should really seek the advice of an attorney who does professional discipline cases. S/he will be able to drill down to your situation and know from experience what to do. You should not be "shot gunning" for such an important matter.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  5. Stephen Charles Cooper

    Contributor Level 18

    Answered . The question being asked on your application concerns convictions, not accusations. You should simply answer the question honestly by saying "No".

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