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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6390
Experience:  20 years professional experience
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I am applying telemed position and the

Customer Question

Hello, I am applying for a telemed position and the application ask the following question, could you help guide me through answering this. I was pulled over 5 years ago, for not coming to a complete stop at a stop sign, once I was pulled over the officer
asked if I had a had anything to drink. I said yes, a couple glasses of wine at a conference I was attending. He then proceeded with the field sobriety test, I passed, had me blow into the machine, the machine was broken, so he proceeded to take me in for
further evaluation. I arrived there and told them legally you can't hold me here unless you arrest me. So he did, I sat in jail fora couple hours, other officers came by and said you shouldn't be here, he's done this before, think he was on a power trip. I
eventually blew and it was under and they let me go. I had to go to trial because he arrested me, the judge found me not guilty. Supposedly according to the medical board we are supposed to declare any arrest, so technically I was arrested, however bogus it
was I was arrested. The question bellow is on every app for a med job and causes me undo anguish and lengthy explanation every time, so I am wondering from a legal/lawyers stand point, do I have to answer yes to this every time. Even if it is expunged, supposedly
the med board can pull it up. Please see the question below and thank you for your response. Were you ever arrested, charged with a felony, indicted, found guilty, or entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any
state of the United States whether or not any sentence was actually imposed?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Maverick replied 2 years ago.
Were you ever arrested, charged with a felony, indicted, found guilty, or entered a plea of guilty or nolo contendere in a criminal prosecution under the laws of any state of the United States whether or not any sentence was actually imposed?
I recall having to answer the same or a similar question to obtain a law license. The best way to handle this is to be completely honest. Because you were arrested, you must answer "Yes." Your explanation is fine and I think all understand that even police officers make mistakes and we all are only human. Even the board members evaluating your application are not infallible.
If you say "No" or try to dodge the question, it will cause you more problems.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
Customer: replied 2 years ago.
Thank you for your answer. My follow up question would be a situation where this cost me a job.
I applied for a med license in NE and because of this question it cost me the job. It took an additional 2 moths for them to clear my license, which kept me from starting on my start date and the hospital canceled my contract, because of this delay. Also, second, hypothetical at this juncture,(as far as I know) but also a real possibility.
Given two equally qualified candidates for a job, both interview equally well, employer looks at both and decides to hire the other based on a clean record. With malpractice insurance being so high and the investment hospital's make in their doctors the board or lost mitigation is going to error on the side of caution given both candidates are of equal skills and fit well with their piers. So,,, this question could unfairly disqualify me from certain employment opportunities, even though it was completely bogus. Would there be any possible way to strike this from my record and have sealed so no one would find it? Yes, I do not believe in lying but something that never should have occurred from ", not completely stopping at a stop sign," has caused undo anguish for the last 5yrs of my life, even though it was made under false pretenses.
Thank you!
Expert:  Maverick replied 2 years ago.
As you have stated answering this question for licensing board related applications where the board can access expunged records would be different then situations where you are applying for employment.
With respect to you additional questions, please see my offer for additional services.

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