If a Board of Counselors received a complaint but determined that it did not have jurisdiction in the matter and closed the file, can it release information about the complaint to other boards or possible employers?My issue is that since the board did not have jurisdiction, I was not given the opportunity to respond. I do not wish for information about the complaint to be released because of this. However, other boards or employers often require releases of information to be signed about prior complaints. Is it legal for the board to keep and release information when it had no jurisdiction (and therefore did not complete an investigation)?Thank you for any information you are able to provide.
Country relating to Question: United States
State (if USA): Nevada
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Unfortunately, professional investigations are a lot like law enforcement investigations. Though they may be dismissed, they never truly go away and are shared with other jurisdictions. It is up to the discretion of the particular board how they share information. All that would be released in this instance would be the allegations since no actual investigation was undertaken.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
I understand investigations regarding licensed professionals that the board governs would never go away, but how is it legal for a board that has no jurisdiction (as determined by the board itself) release information on allegations/complaints? To me, the allegations without response or determined outcome can be as damaging. Should I contact the board to ask if such information will be released?
It doesn't matter whether there was jurisdiction or not. There's still a record of the complaint. There is no substance there, to be sure. There is absolutely nothing wrong with asking that such information be sealed. It's up to them, but if you ask and they comply, then you've got your problem solved.
Over 8 years of legal practice.
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