Q: Do I need to disclose a case that was sealed and dismissed to a medical school? At the time, I was charged as a minor.
Per the legislature that I was charged in, it says I can answer all questions as if the incident never happened (Nebraska). But, this question states: "Please state whether you were involved in any incidents that led to arrest or any criminal process that may not be reflected in your FBI or state criminal background check. Please include all information including, but not limited to matters that were: 1) expunged; 2) not prosecuted (i.e., nolle prosequi); or 3) dismissed.". This will not show up on either as it is sealed and dismissed. I am referring to Nebraska Revised Statute 29-3523 (8) and I am located in California.
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A:
You should comply with the specific requirements of the medical school's application, which asks for disclosure of incidents leading to arrest or criminal processes, including expunged, not prosecuted, or dismissed matters. While Nebraska Revised Statute 29-3523 (8) may offer protections within that jurisdiction, it is crucial to adhere to the application's requirements. Therefore, you should disclose the sealed and dismissed case as per the question's instructions. If you have any concerns, consult with the medical school or legal counsel to ensure full compliance.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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