When a person involved in professionally licensed employment faces a criminal charge, their very career can be thrown be into jeopardy. Applying for, maintaining, and holding a professional license often requires a clean criminal record, especially in the medical profession. Nurses, doctors, and other medical professionals must be approved by the state to hold these positions, and criminal convictions can endanger their standing with the state authorities that must approve their licenses. In addition, for individuals who have prior records, applying for these licenses can be difficult. Fortunately, Pennsylvania state law does allow for the expungement of a person's former records in order for them to move on with their professional goals in the medical field.
Expungement for Pennsylvania Medical Professionals
When a person wishes to expunge their records for entry or re-entry into their medical profession, they must apply at the Court of Common Pleas where the offense was prosecuted or resolved. In addition to this, they must also meet Pennsylvania's requirements for expungement. These requirements can include:
- A person that was convicted on a "summary offense" must fulfill a period of 5 years time before they will eligible for an expungement. During this period of time, they must not have faced additional criminal proceedings.
- A person that was arrested, but charges were dismissed or never faced, may file for a separate expungement process for these situations
- A person that is able to participate in an Accelerated Rehabilitative Disposition program (ARD) may file for an expungement upon the completion of the program, provided that no further criminal matters are pending against them.
Arrest and criminal records can cause complications for various medical professionals in Pennsylvania, both with respect to seeking and maintaining employment, and also licensing requirements (initial licensing and renewal requirements). Although licensing requirements will be specific to the medical occupation or specialty involved, and not all people working in the medical field will require formal licensing, being granted relief by Pennsylvania courts can potentially help with trying to minimize the effects of any prior indiscretions, or misunderstandings that involved legal authorities at an earlier time. Pennsylvania medical professionals include for example:
Audiologists; Cardiovascular Technologists; Chiropractors; Dental Assistants; Dental Hygienists; Dentists; Diagnostic Medical Sonographers; Dietitians and Nutritionists; EMTs and Paramedics; Home Health and Personal Care Aides (CNA); Licensed Practical Nurse and Limited Vocation Nurse; Registered Nurse; Medical Laboratory Scientists; Medical Assistants; Medical Records and Health Information Technicians; Medical Transcriptionists; Nuclear Medicine Technologists; Nursing Aides, Orderlies, and Attendants; Occupational Health and Safety Specialists; Occupational Health and Safety Technicians; Occupational Therapists; Occupational Therapy Assistants and Aides; Opticians; Ophthalmologists and Optometrists ; Optometrists; Pharmacists; Pharmacy Technicians; Physical Therapist Assistants and Aides; Physical Therapists; Physician Assistants; Physicians and Surgeons; Podiatrists; Psychiatric Technicians and Aides; Radiation Therapists; Radiologic Technologists; Recreational Therapists; Respiratory Therapists; Speech-Language Pathologists; Surgical Technologists; Veterinarians;Veterinary Technologists and Technicians
Pennsylvania Expungement Attorney
Expungement can be an arduous task for the everyday individual. Most people simply wish to move on with their life after they have settled or resolved their criminal charges. Doing so, however, can be more difficult of a task than a person would initially believe. Although it is possible to file for expungement on one's own, doing so may be a complex task. In addition, many courts are flooded with a large number of cases. This means that court employees have limited time and resources to spare for individuals who wish to seek out guidance for expungement processes. Furthermore, missteps or errors int he expungement process can mean that a person must start from the beginning, or re-file their paperwork. For this reason, it may be helpful to have an attorney conduct the filing of an expungement. An attorney will be familiar with the process and can prevent any errors in filing. Consulting with an attorney for your expungement can help you get your medical career back on track.
If you or a loved one is seeking an expungement in Pennsylvania, contact our Criminal Law Team today.