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Hoping old mistakes won't ruin my future

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kileyb

Junior Member
I live in Massachusetts and 3 years ago was arrested twice in 3 months for larceny over and possession of class a. All the charges were dismissed because I got clean right after and at the time was 30 and had never been in trouble before.
Now I turned my life around and want to go to school for dental assisting but I'm nervous that the school won't accept me or that if they do I put myself in debt then am unable to obtain employment after. I've been scouring the Internet for answers and I can't seem to find any. Any input would be greatly appreciated!

Thank you,

Kiley
 


Ohiogal

Queen Bee
I live in Massachusetts and 3 years ago was arrested twice in 3 months for larceny over and possession of class a. All the charges were dismissed because I got clean right after and at the time was 30 and had never been in trouble before.
Now I turned my life around and want to go to school for dental assisting but I'm nervous that the school won't accept me or that if they do I put myself in debt then am unable to obtain employment after. I've been scouring the Internet for answers and I can't seem to find any. Any input would be greatly appreciated!

Thank you,

Kiley
Have you attempted to get your record sealed or the charges expunged?
 

quincy

Senior Member
I live in Massachusetts and 3 years ago was arrested twice in 3 months for larceny over and possession of class a. All the charges were dismissed because I got clean right after and at the time was 30 and had never been in trouble before.
Now I turned my life around and want to go to school for dental assisting but I'm nervous that the school won't accept me or that if they do I put myself in debt then am unable to obtain employment after. I've been scouring the Internet for answers and I can't seem to find any. Any input would be greatly appreciated. ...
Kiley, if you want to become a dental assistant, you will need to be open and honest about your criminal history.

On the application for Initial Dental Assistant Licensure, you need to provide a statement disclosing any disciplinary, civil and/or criminal action taken against you at any time prior to the date of the application, and you will need to provide supporting documentation (e.g., certified copies of court documents) that is required by the Board.

The application includes a section on "Good Moral Character" questions. Question Number 14 on a recent application reads: "Have you ever been arrested, charged, arraigned, indicted, prosecuted, convicted or been the subject of any criminal investigation or any court proceeding in relation to any criminal violation? Do not report minor violations for which a fine of $100 or less was imposed."

Whether your prior offenses will preclude you from acquiring a dental assistant license in Massachusetts is something I can't tell you. You might want to call the Board to ask prior to applying if you are concerned about taking on debt to pursue an occupation where you cannot obtain licensing. My concern would be the fact that your offenses are relatively recent (3 years ago) and one of the charges was for possession. But, again, I don't know how much weight the Board places on criminal offenses.

Good luck.
 

kileyb

Junior Member
thank you

I always worry putting that I have been arrested will get my application thrown out, I appreciate your feedback i will be honest and explain why and hopefully they believe in second chances!
Thank you so much
 

kileyb

Junior Member
thank you

Have you attempted to get your record sealed or the charges expunged?
I haven't because they were in July and August of 2014. I heard you need a long time in between, does anyone by any chance know how long Is an appropriate amount of time to wait to go to court to see if you can get it expunged?
 

quincy

Senior Member
I haven't because they were in July and August of 2014. I heard you need a long time in between, does anyone by any chance know how long Is an appropriate amount of time to wait to go to court to see if you can get it expunged?
Massachusetts does not allow for records to be expunged. Records, however, can be sealed on petition to the court.

Getting a record sealed does not erase the record as an expungement would. Sealing prevents the record from being available to public access. It remains confidential and allows for only limited access.

If you were not convicted of your offense, or if your case was dismissed without probation, you can petition the court now to have your record sealed.

Here is a link to "A primer on sealing criminal records" from the Massachusetts Bar Association:

http://www.massbar.org/publications/lawyers-journal/2012/april/a-primer-on-sealing-criminal-records

And here is a link to "How to Seal Your Criminal Record" from the Massachusetts Court System:

http://www.mass.gov/courts/selfhelp/criminal-law/seal-record.html

Again, the sealing of the record does not make the record disappear. There will still be a record of your arrest and charges and you must report these on your application (with an explanation).

Good luck.
 

Mass_Shyster

Senior Member
I haven't because they were in July and August of 2014. I heard you need a long time in between, does anyone by any chance know how long Is an appropriate amount of time to wait to go to court to see if you can get it expunged?
If the charges were, in fact, dismissed, you can file at the courthouse where the case was heard to have the record sealed (Massachusetts does not expunge records except in very rare cases). They will scheduled one or two hearings (depending on the courthouse - some will waive the first).

Generally, sealing your record only hides them from employers and landlords. Whether you need to disclose them to the dental board is a question. CORI reform changed a lot of the rules. I normally tell my clients to tell the truth, since there's a good chance they'll find out anyway.

If the case ended up with a conviction, you have to wait 5 years to seal a misdemeanor and ten years to seal a felony (larceny over is a felony).

Get at least one, possibly several, certified copies of the court records BEFORE you seal them. You can't get a copy after the record is sealed. (Well, you can, but you have to file a motion to unseal, get the copy, and file another motion to seal).

Go to the courthouse, and ask the clerk for a petition to seal.

Lots of information here:

http://www.mass.gov/courts/selfhelp/criminal-law/seal-record.html
 
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quincy

Senior Member
If the charges were, in fact, dismissed, you can file at the courthouse where the case was heard to have the record sealed (Massachusetts does not expunge records except in very rare cases). They will scheduled one or two hearings (depending on the courthouse - some will waive the first).

If the case ended up with a conviction, you have to wait 5 years to seal a misdemeanor and ten years to seal a felony (larceny over is a felony).

Get at least one, possibly several, certified copies of the court records BEFORE you seal them. You can't get a copy after the record is sealed. (Well, you can, but you have to file a motion to unseal, get the copy, and file another motion to seal).

Go to the courthouse, and ask the clerk for a petition to seal.

Lots of information here:

http://www.mass.gov/courts/selfhelp/criminal-law/seal-record.html
I beat you to it, Stevef. :p :)
 

quincy

Senior Member
It took me a long time to reactivate my account.
When there were forum updates recently, all of us had a difficult time reactivating our accounts. I am happy you were able to jump through the necessary hoops to return. Your expertise in Massachusetts law is needed on this forum so I hope your work schedule allows for more frequent postings from you. :)
 

Mass_Shyster

Senior Member
I live in Massachusetts and 3 years ago was arrested twice in 3 months for larceny over and possession of class a. All the charges were dismissed because I got clean right after and at the time was 30 and had never been in trouble before.
Now I turned my life around and want to go to school for dental assisting but I'm nervous that the school won't accept me or that if they do I put myself in debt then am unable to obtain employment after. I've been scouring the Internet for answers and I can't seem to find any. Any input would be greatly appreciated!

Thank you,

Kiley
One more thing. I know that one of the large chains will hire and train dental assistants, and sign them off under the 'on the job training' portion of the license application. It could save you a bundle.
 

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