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Should I disclose Misdemeanor convictions on a college application, if those convictions have been dismissed by PC 1203.4?

Santa Barbara, CA |

I was convicted of 2 misdemeanors: Wet and Reckless and Driving on a suspended license. Both cases were dismissed by PC 1203.4 and 1203.4a. I am applying to a private medical college (majoring in nursing); when asked on the application "have you been convicted of a misdemeanor?" what should I say? I don't want to incriminate myself needlessly-- yet I don't want to get caught in a half-truth.

Attorney Answers 5

Posted

.. You generally do not have to disclose expunged or dismissed misdemeanor
convictions that is the idea of the dismissal . Check to make sure they are
of your criminal record before you complete the application

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Posted

If you are applying for any position that is state licensed, such as nursing, then you need to divulge the conviction, and state that it was dismissed.

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Posted

Yes - you have to provide full information as to these convictions. You are seeking a state license. The failure to disclose will haunt you, if not prevent you from getting your license in future. Christine McCall, attorney in Pasadena, and contributor to Avvo, is the expert on this. I would strongly suggest you speak with her before you make any move that you may regret later.

Andrew Roberts

Andrew Roberts (818) 597-0633/ (805) 496-7777

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Posted

Consult a lawyer who has read the question on the application. It's true that you must disclose the convictions, when asked, when applying for state licensure. However, that's not exactly what you are doing when you are applying for nursing school. This is a VERY complicated are of law and, as my colleagues suggest, you should seek an educated response from a lawyer aware of all of the circumstances rather than seeking a quick 'yes' or 'no' online.

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Posted

If you were not going into the medical field then I would answer differently and suggest that you would be fine by omitting the information. However, given the need for future licensing, which will require full disclosure I would recommend answering yes that you were convicted of VC § 23103/23103.5 and 14601 on such and such a date, but that both convictions were dismissed and replaced with not guilty pleas, which is the language the court uses when it grants 1203.4 motions. In this situation you could be denied entry on the basis of dishonesty if the conviction/dismissal records were found by the school, so it is likely better to be able to explain the dismissals.

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