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Stacy Adkins
Stacy Adkins, Lawyer
Category: Legal
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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I am a nursing student. I got a DUI this past summer, but

Customer Question

Hi, I am a nursing student. I got a DUI this past summer, but it's still going through trial - and i have a lawyer for it. This is my second DUI, but this second DUI is still in the process.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Hawaii
JA: Has anything been filed or reported?
Customer: We will be going to clinical and the hospital that we will be going to is giving my school a hard time. My instructor asked if i used to work for that company, which i did. But they said my name popped up in the list server. Not sure what that means?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure if it has been filed. But when i did a background check it only showed my first DUI that i got charged and found guilty for. It didn't show my second DUI - which is still pending. So i'm not sure
Submitted: 10 months ago.
Category: Legal
Expert:  Stacy Adkins replied 10 months ago.

Hi, I'm Stacy. Can you please clarify what your question is?

Customer: replied 10 months ago.
i had a DUI this past summer. We are doing clinical rotation at the hospital and the hospital is giving my school a hard time with my name. that's all the instructor told me. my dui is still a pending case. Did the hospital possibly find out about the DUI if it is still a pending case?? what could be the reason why a hospital would give a hard time regarding going to clinical rotation at their hospital? if my trial is still in process could the hospital still find that i got a DUI that is a pending trial?
Customer: replied 10 months ago.
what do you think could be the reason why that hospital is giving the school a hard time ? they asked me if i used to work for that company before because my name popped up in the list server and i told her yes i did work for that company. so i thought it was just that. a week later my clinical instructor said that hospital is still giving them a hard time. not sure why?
Expert:  Stacy Adkins replied 10 months ago.

Thank you for clarifying. It is possible they are concerned simply by the fact that you have one DUI on your record. Nursing, among many other professions, often have a no tolerance/low tolerance policy on these types of convictions. You don't have any idea what the "hard time" meant? I would think if they were THAT concerned, they're just prohibit you from doing your rotation at their facility. That being said, typically, there's no way they would know about the pending case unless someone else disclosed it to them. That would not show up on a background check yet. But, a simple google search could reveal an arrest/mug shot. Is that possible?

Customer: replied 10 months ago.
Well I did have a prior DUI case that i was convicted of, but I did everythign I needed to do for that. I went to the classes paid my fines etc. I have another classmate that had a prior DUI as well but they're not giving her a hard time. my clinical instructor only asked me if i used to work for that company because my name popped up in their list server? what does list server mean?
Expert:  Stacy Adkins replied 10 months ago.

I think the only way to find out is to ask your instructor to clarify, as you need to know if this is going to affect your work and learning environment. You're saying you used to work for the facility where you're doing your rotation? You refer to "that company" but I'm not sure what that is. If so, it sounds as if they're saying you're name is ***** ***** in their computer/HR records.

Customer: replied 10 months ago.
i'm thinking my name shows up in their records because my instructor said that she will need to tell them to make me a separate log in as a student.
Customer: replied 10 months ago.
well, my instructor does not know the reason why either. she just told me that the hospital is giving them a hard time when it came to my name. so my question is could they have possibly found out about the DUI case even if it is still pending?
Expert:  Stacy Adkins replied 10 months ago.

As I mentioned earlier, there's no real way for them to know about the pending DUI unless someone who knows about your situation has shared that information with the hospital/facility. Or, if you were arrested, a record of that could be available on the internet. Arrests are often reported in the local newspapers, our local department will sometimes make postings on social media of the latest arrests. We also have a website that posts every person who was incarcerated for the previous day, so a quick google search could lead to that type of information being known, even while the case is still pending and no conviction recorded on your criminal background check.

Customer: replied 10 months ago.
is that website available to everyone to search people up? or certain people/companies can go on it?
Customer: replied 10 months ago.
this website shows if you were arrested even if your trial is still pending on the DUI case?
Expert:  Stacy Adkins replied 10 months ago.

So yes, it is possible that they have found out about the new DUI case even though it is pending. It is also possible that your instructor meant they were giving her a hard time about you in regard to getting you set up properly in their computer system to be able to properly do your clinical work since you are already registered in their system from your previous employment with them.

The website I'm referring to is a public site. Arrests are public record and someone has taken the time to compile daily arrests and publish them to one website. I don't know if your area has something similar. I'm only offering that as a possibility. It may not exist in your area. This is the type of site I am referring to, as it exists in my state. Have you googled your name to see if anything comes up? That would be my next step, if not.

I hope this has helped you. I wish I could give you a definitive answer, but the only way to know is to ask someone at the hospital. Please kindly provide a rating as this is the only way I can get credited for my assistance.

Customer: replied 10 months ago.
i searched up my name on google and it does not show any of my arrests, not even my first arrest?
if it was just having an issue with trying to get my name in the system since i used to work for them i wouldn't think it takes that long to do...
when they were getting our information they sent the hospital just our name, last 4 digits of our social security and address. what could be the reason why they need the last 4 of our SSN?
Expert:  Stacy Adkins replied 10 months ago.

Maybe your arrest/conviction record never made it to newspapers or online databases. I have no way of knowing they they would want the last four digits of your SSN. Many times this is used to distinguish you from other people who have the same name. It's another unique identifier. Sometimes this is used to give you a temporary password ***** to set up a security recovery question. Again, I'm simply guessing. The only way you would know is to ask the HR department. I would try to discreetly find out how a second conviction is going to affect your ability to remain in the rotation or even if you will still be eligible for your nursing license. I've known people who went 3 years to law school and then after passing the bar exam, were denied a law license due to something in their past (like criminal convictions).

Customer: replied 10 months ago.
i have a lawyer that is trying to help me get the case dismissed.
Customer: replied 10 months ago.
could the last 4 digit of my SSN help with finding out or doing criminal background checks?
Expert:  Stacy Adkins replied 10 months ago.

Typically, you would need to sign a consent to allow them to conduct a criminal background check. Did you sign a release of information? If not, I doubt they have done this yet. Unless you provided this directly to your school and signed something allowing them to share it as part of your rotation.

Customer: replied 10 months ago.
we only signed papers for them to do background checks on us before we started the nursing program.
Expert:  Stacy Adkins replied 10 months ago.

It's possible that your paperwork included some fine print allowing them to release records to third parties if you are going to be doing clinical rotations at different locations.

I hope you've found my information helpful. Unfortunately, I cannot tell you exactly what they're using that information for as that is something only they would know. I can only say it's possible that they know about your pending case and very possible they are aware of your prior conviction. Please kindly rate me for assisting you this evening. It's the only way I can get credit for helping you as we are not employees of Just Answer and work independently. Thank you and I wish you luck in figuring out the issue.