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  1. #1

    Default Visibility of Expunged Record Ri

    My question involves criminal records for the state of: Rhode Island.

    My original charge for which I was not fingerprinted or booked was simple assault in 1999 when I was 19 years old. I was put on a one year filing. No probation, no community service, no fine. I only paid court costs. After a year it was dismissed but I originally did not realize the case would not automatically be expunged and did not have it expunged until 2011.

    I am a physician and currently licensed in 8 states and have privileges in over 50 hospitals. I never disclosed this charge and it has never shown up. I did not intend to not be honest however I was told RI does not require disclosure and that this includes to medical boards (exceptions limited to law enforcement, the bar, and teachers). I did not realize that this would not apply out of state and that I should be following each state's laws regarding disclosure.

    I am currently nervous regarding a FCRA third party background check for Oklahoma state medical board although I did call the company and they told me when the medical board is using FCRA company they need to follow these rules meaning no access to expunged records. I have checked the case and it does not show in my state court records. I am nervous the company may have outdated databases however I was wondering about the 7 year rule. This case was not a conviction so shouldn't that also mean no revealing after 7 years either way?

    My second concern is my FBI record. I have been fingerprinted 3 times for 3 states and nothing. I do not think I was ever fingerprinted that day. I was never really booked, mug shots, held nothing like that. The cops just asked me to come by and gave me the court date. I called the FBI last week and they told me that no medical board should see different from another board and they also told me that no medical board can see expunged records only law enforcement. However, I have been reading this forum and I over and over again see posts stating medical boards are an exception. My question on this is has anyone else heard this directly from the FBI and also should I expect all states to get the same RAP sheet. As an extra piece of information, the woman at the FBI told me she doubts I ever had a record with them as many expunged records at state level are not expunged at FBI level without your intervention.

    Lastly, I know it is wrong not to disclose. But I have not been disclosing thinking it was ok to for 20 years. Now I am currently applying for over a dozen new licenses and nervous because to go back and to disclose now would open such a can of worms.

    Thank you in advance for your advice and thoughts on this matter.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,679

    Default Re: Visibility of Expunged Record Ri

    Quote Quoting hereandthereandeverywhere
    View Post
    My question involves criminal records for the state of: Rhode Island.

    My original charge for which I was not fingerprinted or booked was simple assault in 1999 when I was 19 years old. I was put on a one year filing. No probation, no community service, no fine. I only paid court costs. After a year it was dismissed but I originally did not realize the case would not automatically be expunged and did not have it expunged until 2011.

    I am a physician and currently licensed in 8 states and have privileges in over 50 hospitals. I never disclosed this charge and it has never shown up. I did not intend to not be honest however I was told RI does not require disclosure and that this includes to medical boards (exceptions limited to law enforcement, the bar, and teachers). I did not realize that this would not apply out of state and that I should be following each state's laws regarding disclosure.

    I am currently nervous regarding a FCRA third party background check for Oklahoma state medical board although I did call the company and they told me when the medical board is using FCRA company they need to follow these rules meaning no access to expunged records. I have checked the case and it does not show in my state court records. I am nervous the company may have outdated databases however I was wondering about the 7 year rule. This case was not a conviction so shouldn't that also mean no revealing after 7 years either way?

    My second concern is my FBI record. I have been fingerprinted 3 times for 3 states and nothing. I do not think I was ever fingerprinted that day. I was never really booked, mug shots, held nothing like that. The cops just asked me to come by and gave me the court date. I called the FBI last week and they told me that no medical board should see different from another board and they also told me that no medical board can see expunged records only law enforcement. However, I have been reading this forum and I over and over again see posts stating medical boards are an exception. My question on this is has anyone else heard this directly from the FBI and also should I expect all states to get the same RAP sheet. As an extra piece of information, the woman at the FBI told me she doubts I ever had a record with them as many expunged records at state level are not expunged at FBI level without your intervention.

    Lastly, I know it is wrong not to disclose. But I have not been disclosing thinking it was ok to for 20 years. Now I am currently applying for over a dozen new licenses and nervous because to go back and to disclose now would open such a can of worms.

    Thank you in advance for your advice and thoughts on this matter.
    Personally, I think that your situation is one that doesn't fit getting advice from an internet forum. I don't think that there is anyone here on this forum that has the credentials to have an opinion on your situation.

    I think that the only people that would have the credentials to have an opinion on your situation would be people in the higher administration of the medical profession. Do you perhaps have a trusted peer in the medical profession or a mentor who might be able to give you advice?

  3. #3

    Default Re: Visibility of Expunged Record Ri

    Thank you for your quick response.

    I do not know anyone personally that has dealt with a situation exactly like mine. From the situations I have heard of on doctor forums most people have issues with states with much stricter expungement laws than RI especially California. I have been told that in terms of sharing expunged information that it is the state of the expungement that dictates who sees what and not the laws of the requestor which I think may be why the record has never come to light.

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