I was fingerprinted, and the dismissal disposition doesn't show up on my FBI background check. The arrest, however, does. I'm applying for telemedicine and need to be licensed in all 50 states. Will I have to disclose to each state? Will I also have to disclose that previous states had to adjudicate the matter? Will each state have to check with the others to see what they did?
Each state's rules are different. In California, for example, if it was a straight dismissal without a plea or diversion, it would not need to be disclosed. If there was some sort of guilty plea -- and then a dismissal before sentencing, it would have to be disclosed. It's so long ago and a student protest that even for the states where disclosure is required, it is better to be safe than sorry. You should see if you can locate the records of the case so you can determine where it lands. Be careful of companies doing mass applications who are not as careful as needed. Good luck.
I don't know what Telemedicine is or how a state agency would regulate a license to do whatever that it. However, it depends upon the way the question is phrased as to whether they ask for "arrests" or only "convictions," felony or misdemeanor. The length of time could certainly vary in each state.
I think the only sure thing to say is that each application no doubt contains a warning that the submission of false information is a basis to deny the applicant the requested license.
I do know what telemedicine is, but a plan to practice -- and maintain licenses -- in all 50 states is probably not realistic.
Nonetheless, it is possible. But every state phrases the question a little differently. Some ask for arrests (called "gutter rumors" by the U.S. Supreme Court). Some want convictions. Then there is the fight over expungements and pardons.
But honesty is the absolute key. No one has an interest in an arrest or conviction 45 years ago if you have practiced medicine without issue since. But a dishonest response is a current issue. And not only could you be denied, that denial is cause for discipline in the other states.
One more thought while I'm handing out free advice. Contest the correctness of the FBI record for failing to note the disposition. Easy to say -- but you will probably want to hire an attorney who deals with criminal history record issues to help you navigate the system.
You need an attorney who practices professional licensing -- which is part of administrative law.
W. Patrick WesterfieldAdministrative Law LawyerOrlando, FL ·
You should always carefully read any question and answer it honestly. In many jurisdictions, any attempt conceal something can look worse to an examiner than an honest answer that admits to something unfavorable. That said, you should consult with an attorney licensed to practice in the jurisdiction where the licensing agency is based before submitting your application. Some questions that organizations ask, including licensing boards, are illegal, but no one has told them to stop asking the particular question yet. An attorney can help guild you through this.