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Criminal Defense Q&A: Do I Have to Disclose a DUI Arrest When I Apply for a Medical License?

Question:

Do I answer yes or no to this question w/ respect to medical licensing if I have a recent DUI arrest (arraignment not yet held)?

“Is there anything in your past history that would limit your ability to be licensed or would limit your ability to receive hospital privileges?”

Again, I have not had a conviction yet. Only an arrest and awaiting my arraignment.

Answer:

When it comes to prospective employers, it is prudent to be truthful in the application process. Even if the applicant gets the job, dishonesty, which includes lying by omission, can be cause for dismissal later on.

There is a process for sealing arrest records; however, one cannot even begin the process until the case has resolved — by dismissal, acquittal, or no charges being filed. See Penal Code 851.8.

If you would like to see whether the arrest currently shows up on your record, you can commission a background fingerprint check. Just Google “live scan fingerprint background check” and navigate to the California Attorney General’s webpage. Beware, though, that even if an arrest does not appear on your record now, it may still show up later during the hiring process.

Continue reading Michael’s answer on Avvo: How Do I Answer Job Application Questions Asking About Past History if I Was Recently Arrested for DUI?

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