How to get a job as a medical provider with old misdemeanors?
March 17, 2023 3:50 PM Subscribe
An acquaintance (let's call them Ace) has been applying for Advanced Practice Provider (nurse practictioner/physician assistant) positions. They have been getting a high response rate from potential employers but the employers abruptly lose interest after Ace discloses their criminal record in the form of decades-old misdemeanors. I would like help/advice/anecdotes/resources on the legal issues of dealing with a criminal record and advice on job hunting with one. Specific details and questions are below.
For added clarity, the misdemeanors were a hit-and-run (into an inanimate object, no intoxication involved, no injuries), theft, and resisting arrest. They have had a clean record since and they have all the licenses required to for the positions.
Legal questions:
1. Is there any way to improve a criminal record in the state of Idaho? I’ve read something about a 19-2604 dismissal, but the wording of that law seems to say a dismissal for misdemeanors is not possible after the fact and you’re SOL if you didn’t get a withheld judgment during the initial case. And even then, this site says it will not be fully erased.
2. If a 19-2604 dismissal is an option, would it help? This site says it doesn’t take it off the record, but just changes ‘guilty’ to ‘dismissed,’ so it would still get picked up in a background check.
3. Should Ace get a lawyer to pursue this? (Ace is in the financially impoverished but educationally rich stage of medical training, so money is tight.)
Job-search questions:
4. How should Ace handle disclosing these issues during the interview process? So far Ace has been disclosing it in the initial interview. Some interviewers state they are unconcerned with the criminal record, and continue to express their enthusiasm for Ace as a candidate, even scheduling a second interview on the spot (that is later canceled for vague/perplexing reasons). Other interviewers seem to have a stronger negative reaction to the disclosure, so the later lack of interest is more expected. It just seems like in the collaborative process for hiring a medical provider, there is invariably someone in the process who deems having a criminal record, even from decades prior, as a deal-breaker. Which is frustrating and disheartening. Is there a better way of handling this?
5. Will this likely continue to be an issue throughout Ace’s career? Will more experience working as a provider help negate this issue? Or are medical providers held to such high standards that this will always be a negative mark in the hiring process?
I welcome any relevant personal anecdotes, legal advice, knowledge about hiring in healthcare, and any words of encouragement.
For added clarity, the misdemeanors were a hit-and-run (into an inanimate object, no intoxication involved, no injuries), theft, and resisting arrest. They have had a clean record since and they have all the licenses required to for the positions.
Legal questions:
1. Is there any way to improve a criminal record in the state of Idaho? I’ve read something about a 19-2604 dismissal, but the wording of that law seems to say a dismissal for misdemeanors is not possible after the fact and you’re SOL if you didn’t get a withheld judgment during the initial case. And even then, this site says it will not be fully erased.
2. If a 19-2604 dismissal is an option, would it help? This site says it doesn’t take it off the record, but just changes ‘guilty’ to ‘dismissed,’ so it would still get picked up in a background check.
3. Should Ace get a lawyer to pursue this? (Ace is in the financially impoverished but educationally rich stage of medical training, so money is tight.)
Job-search questions:
4. How should Ace handle disclosing these issues during the interview process? So far Ace has been disclosing it in the initial interview. Some interviewers state they are unconcerned with the criminal record, and continue to express their enthusiasm for Ace as a candidate, even scheduling a second interview on the spot (that is later canceled for vague/perplexing reasons). Other interviewers seem to have a stronger negative reaction to the disclosure, so the later lack of interest is more expected. It just seems like in the collaborative process for hiring a medical provider, there is invariably someone in the process who deems having a criminal record, even from decades prior, as a deal-breaker. Which is frustrating and disheartening. Is there a better way of handling this?
5. Will this likely continue to be an issue throughout Ace’s career? Will more experience working as a provider help negate this issue? Or are medical providers held to such high standards that this will always be a negative mark in the hiring process?
I welcome any relevant personal anecdotes, legal advice, knowledge about hiring in healthcare, and any words of encouragement.
The answer to this is record expungement. This will never go away without it. I'm an RN and there is NO hiring officer who will successfully get this type of application past the HR and Nursing gods; nobody wants to be the person who gets stung by a bad hire, though Ace may actually be an Ace in practice.
I know someone who had a similar misdemeanor traffic conviction, and he was able to get it expunged without too much difficulty, but he did need an attorney, thus removing the charge from his record. He forever after will answer the question "have you ever been arrested or convicted" with a resounding NO, supported by a clean records pull from the state. (He did, however, have to pay a fine and pick up a lot of roadside trash as part of his agreement.)
I know another person who had a felony conviction erased by successfully pursuing a Governor's Pardon (Not Idaho), for a felony conviction. It took an attorney who was expert in this field and a Democratic governor (my editorial opinion) for this to be successful. This felony crime did not harm anyone except the convicted person and was related to theft and drug offenses against his healthcare license. I'm not sure a Governor's pardon is even indicated for misdemeanors. Please seek competent legal advice in this area. A general attorney is not a competent in this arena.
I do have a small, related suggestion, which is to seek employment or a volunteer position with an organization that serves a very difficult population, and a population which would not appeal to healthcare workers who don't have a mission to help these groups. As an RN working occasionally with a community org. serving addicted and often homeless people who sometimes have criminal records (often of a petty sort, but not always) - criminal records are universally limiting, and when you are the dictionary definition of down and out it's even more stigmatizing. It's difficult, depressing, grinding work. Also sometimes sublimely rewarding. If any organization is likely to take a chance with a changed person, it's this kind of organization. They have a very, very difficult time recruiting and it's a tough environment to work in. Ace, they will be open to someone like you. Even if you don't stay, you will have a credential and recent healthcare employment. I think this would likely go a long way - while you await your expungement, which is a probably essential if you want to move to a more mainstream healthcare employer. My best wishes for a good future for you.
posted by citygirl at 7:35 PM on March 17 [13 favorites]
I know someone who had a similar misdemeanor traffic conviction, and he was able to get it expunged without too much difficulty, but he did need an attorney, thus removing the charge from his record. He forever after will answer the question "have you ever been arrested or convicted" with a resounding NO, supported by a clean records pull from the state. (He did, however, have to pay a fine and pick up a lot of roadside trash as part of his agreement.)
I know another person who had a felony conviction erased by successfully pursuing a Governor's Pardon (Not Idaho), for a felony conviction. It took an attorney who was expert in this field and a Democratic governor (my editorial opinion) for this to be successful. This felony crime did not harm anyone except the convicted person and was related to theft and drug offenses against his healthcare license. I'm not sure a Governor's pardon is even indicated for misdemeanors. Please seek competent legal advice in this area. A general attorney is not a competent in this arena.
I do have a small, related suggestion, which is to seek employment or a volunteer position with an organization that serves a very difficult population, and a population which would not appeal to healthcare workers who don't have a mission to help these groups. As an RN working occasionally with a community org. serving addicted and often homeless people who sometimes have criminal records (often of a petty sort, but not always) - criminal records are universally limiting, and when you are the dictionary definition of down and out it's even more stigmatizing. It's difficult, depressing, grinding work. Also sometimes sublimely rewarding. If any organization is likely to take a chance with a changed person, it's this kind of organization. They have a very, very difficult time recruiting and it's a tough environment to work in. Ace, they will be open to someone like you. Even if you don't stay, you will have a credential and recent healthcare employment. I think this would likely go a long way - while you await your expungement, which is a probably essential if you want to move to a more mainstream healthcare employer. My best wishes for a good future for you.
posted by citygirl at 7:35 PM on March 17 [13 favorites]
Not sure if this is helpful but I would try reaching out to the licensing board that regulates Ace's position in the state and sharing the situation and asking advice. Not sure this is analogous but for example, for RNs in California there is an established process for rehabilitation if you lost a job or your license due to substance use. I work with a nurse who went through the process and regained her license after supervised rehab. I think they helped give guidance about employment opportunities as well.
posted by latkes at 11:27 AM on March 19 [1 favorite]
posted by latkes at 11:27 AM on March 19 [1 favorite]
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In my experience, yes, it will be a huge issue throughout their career. Given the choice between two candidates who will handle controlled substances or be alone with vulnerable patients, employers will pick the person without misdemeanors on their record. No, it’s not fair. Ace needs a a lawyer to help get the records expunged and who can address legalities specific to Idaho.
It just seems like in the collaborative process for hiring a medical provider, there is invariably someone in the process who deems having a criminal record, even from decades prior, as a deal-breaker.
For most people it is a deal breaker, fairly or unfairly. Ace may have been an upstanding citizen for decades, but some professions are not going to see that as proof against a return to their previous deeds. I do know someone who managed to get their record expunged through a lengthy legal process, however, and went on to become a doctor. But Ace really does need a professional for something like this. Since cost is likely to be an issue, try contacting law schools to see if they have low-cost legal services available.
posted by corey flood at 5:41 PM on March 17 [11 favorites]