Class C Misdemeanor expunged for Failure to Report Elderly Abuse 30 yrs past. Attorney advised on job or cybersecurity certification applications to represent myself as never involved in this criminal offense. Currently interested in pursuing cybersecurity credentials requesting applicants to respond to “have you EVER had a professional license revoked or been barred from participation in federal/state programs (Medicare/Medicaid) or been disciplined by professional organization?”. Based upon my expungement, does this legally allow me to respond “no” to the above question. My personal code of ethics have prompted me to responded ‘yes’ in years past applications (job denials a plenty), but want to know legal grounds for invoking my past criminal record being expunged for purposes of pursuing cybersecurity certification (CISSP).
You mentioned the charges but you did not mention any professional license that you lost.
I lost my Nursing Home Administrators professional license. Even though my case is expunged, the Fed Office of Personnel Mgmt continues to show my being debarment from participation in Fed M.Care Program (but being reinstated), so expungement clearly does not remove this incident from the OPM Registry. (ISC)2 - CISSP Cyber Security application process allows for registrants to provide details…my specific details are, Failure to Report Elderly Patient Abuse no lo contender plea/dismissal/expungement/loss of professional license/debarment from Fed programs in order to request a waiver of exclusion, but history has shown disclosing details is futile in healthcare job application venues when I’ve been forthcoming. Due to Cybersecurity certification being largely out of the direct healthcare delivery field, I am more willing to respond ‘no’ to specific questions on my EVER losing a prof license/debarment from programs pending this legal interpretation of my expungement’s release of responding in the affirmative. Thanks
A general rule of thumb is a state can expunge their own records but can not compel Federal government agencies to expunge or change their records. The record exists.
Also, the proper title is US Office of Personnel Management.
Thanks a million for your kind and wise advise. I will not be moving fwd by ignoring the intent of the questions regarding my ‘ever losing a prof license or being disbarred from prof org’ through use of my expungement excuse. Clearly the intent is to establish unacceptable behaviors for which there is no recourse, ever. Additionally, I won’t be discrediting any of my professional references through subterfuge of facts by any legal maneuvering. Wishing you all the best, I desire to close this issue.