Do I have to disclose a dimissed charge of battery to a CA governing licensure board?

I was charged with battery. The result of my case was a plea in which I received pretrial diversion. I have completed my pretrial diversion and my case has been dismissed. However, due to the nature of the Radiology (Health Care) program that I am currently enrolled in San Francisco I will be required to apply for a State Licensure in order to work. I recently reviewed the ARRT's (which is the governing board of the State Licensure for Radiologist) code ethics, which requires a background check. This background check requires that I divulge all criminal proceedings, namely battery, that have not been expunged. The background check also requires that I report any misdemeanor charges including charges resulting in plea of pre-trial diversion activity. In addition, I read in the ethics section of the ARRT rules and regulations that they consider pre-trial diversion activity a conviction. I discussed this with my criminal lawyer and they said that I do not need to to disclose my arrest or my pre-trial diversion to a state licensure even if they do ask for disclosure of all pre-trial diversion activity. He derived this answer from Penal Code § 1001.9. Successful completion of program; record; disclosure of arrest. However, he said to ask an employment lawyer to confirm this. I want to do the right thing and don't want to risk my future not disclosing information to governing board of my state licensure. Do I have to disclose a dismissed charge of battery to a CA governing licensure board? And if I do what is the best way to do it?

1 answer  |  asked Apr 26, 2010 7:44 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Hello.

The best way to find an answer to this question is to anonymously contact the hiring department at the agency and ask them directly. This is not so much a legal question as it is a matter of a specific internal rule that one agency might or might not have.

Thanks,

Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com

posted by Arkady Itkin  |  Apr 26, 2010 8:38 PM [EST]

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