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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
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My sister had a Charge: Amended Charge: PETIT LARCENY and

Customer Question

Hi my sister had a Charge : Amended Charge : PETIT LARCENY and Final Disposition : Dismissed . She finished her dental school and now she is applying for residency. When she is filling the form there is a question "Have you ever been charged with or have you ever been convicted of a felony or misdemeanor, other than a minor traffic violation?" what is the right answer to this question?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: virginia
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 2 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 months ago.

Good morning. I certainly understand the concern and situation. Based upon what you shared above, she would need to answer Yes. I say this because even though the case was dismissed ( which is NOT a conviction), she was still charged with the crime, which they inquire about. Of course, it looks great that the case was dismissed but she may have to explain, the basis for which she was arrested.

Customer: replied 2 months ago.
since this is Dental Residency Application do you think even if the case is dismissed they would reject her because of this issue? Can she answer no and then after their investigation if they needed the explanation then explain it?
Expert:  CrimDefense replied 2 months ago.

I do not think they would reject her for this. I say this because the case was dismissed. That means that the State decided to not prosecute. It is possible that the arrest/charge was wrong, it was not her, they made a mistake or she had a defense, all which can be explained. It is at her discretion to answer No but they may them try and get answers from her about this, if they see it. Yes, she could always explain the situation or oversight but sometimes it is best to be honest, so it does not come back to hurt her

Expert:  CrimDefense replied 2 months ago.

Do you know why the case was dismissed?

Customer: replied 2 months ago.
If she answer Yes they may need a lot of explanation and that may effect their decision. If she selected NO then if they find it dismissed then they may need explanation or maybe since it is dismissed there is no explanation required. This application will be send to Hospitals. So with that being said what would be the best action here? Select Yes and under explanation write Dismissed or just select NO?
Expert:  CrimDefense replied 2 months ago.

She needs to be truthful on the application. Her failure to do so and if they find out about this, could result in them denying it, before anything else. However, if she answers Yes and provides an explanation, then it would be reviewed and considered and it will show her good character. If she answers No and they see it, they may simply think she is dishonest and trying to hide it. I know it is a very hard decision to make but it is better to be truthful and disclose it, so it does not come back to hurt her. I say this because they may see it later on and could terminate her for lying on the application. Please let me know if there is anything else, as I would be happy to respond. If not, please just remember to kindly rate may help at the top, so the site will give me the proper credit.

Customer: replied 2 months ago.
Sorry, I missed your question to answer about why this case was dismissed.
At some point of her life she was extremely under stress and she did a shoplifting for first time in her life. The shop asked for Civil Demand and after that Shop filled out accord and satisfaction and dismiss the charge she also visited a counselor for several sessions and this was her only crime case on her life history. With all of that case got dismissed. Since the base of the case was shoplifting what do you think would be the best explanation in this situation?
Expert:  CrimDefense replied 2 months ago.

It is likely best to address the fact that the case was dismissed. It is hard to justify why she was arrested for this and why they believed she stole and she should simply say that the case was dismissed.

Expert:  CrimDefense replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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