[kids]

Questions we seem to be encountering more and more often have to do with the effects of a criminal history on nursing licensure:

• Is it possible to become licensed as a nurse if you have a criminal history?
• Is it possible to become licensed as a nurse if you have a DUI or other related charges?
• What happens if you are charged or convicted of a crime after licensure?
• Can I go to nursing school and/or be licensed if my record has been sealed or expunged?

These are questions that can NOT be answered by the membership of allnurses. The ONLY reliable source of information is your State Board of Nursing.

If you are currently licensed as a nurse and have been charged with or convicted of a felony or misdemeanor including DUI/DWI you need to contact the BON in every State you hold a license and ask their reporting requirements.

If you are a nursing student or are interested in becoming a nurse you need to contact your BON directly. You need to be completely candid with them as to the nature and disposition of the crimes. Each BON make a determination on a case by case basis and some are willing to issue a declarative statement in advance.

A complete listing of each Board of Nursing can be found here: NCSBN with links to the contact information and websites. If you encounter a broken link do a simple search for [state name] Board of Nursing.

[kids]

Many posts have referred to expunged or sealed records or deferred or stayed prosecution. Technically these items shouldn't show up on a routine criminal background check, you may even have documents that say you can answer "no" if asked. This may apply to an employer but it may not apply to the BoN!

Many applications for licensure are very clear on this and ask the question something like this:

Have you ever been convicted, pled no contest/nolo contendere, pled guilty to or been granted a deferred judgment or sentence with respect to a felony, misdemeanor or a petty offense? You may exclude minor traffic offenses that do not involve alcohol or drugs. (The fact that a conviction has been pardoned, expunged, dismissed, deferred or that your civil rights have been restored does not mean that you answer this question NO; you should answer YES.)

Still other states ask a much more simple question such as this one from the Nevada application for a RN license:

Have you ever had a criminal conviction, including a misdemeanor or felony, or had a civil judgment rendered against you?

If you have an expunged/sealed/deferred criminal record you may think your answer to the question is "no". However, the Nevada's FAQs make it clear your answer should be "yes".

Important points to remember if you’ve ever been convicted of a crime

• Even if you have been told a conviction has been expunged, sealed dismissed, dropped, closed, etc., it may still show up on your fingerprint report.
• You could have been convicted even if you didn’t spend any time in jail.
• Criminal convictions include misdemeanors and felonies.
• If you answered “NO” to Question #2 and the Board finds you have a conviction, your application will be denied as a fraudulent application. http://www.nursingboard.state.nv.us/...20convictions/

Most states do not have the additional, clarifying information on their websites like Nevada does.
If you have a criminal history regardless of whether or not it has been expunged/sealed/deferred you need to ASK THE BoN!

More and more states are requiring fingerprints as part of a FBI background check. If you have an expunged/sealed/deferred criminal record IT WILL SHOW UP.

Utah gives a very clear warning of this right on their application:

WARNING: If information received from the Utah Bureau of Criminal Identification or the Federal Bureau of Investigation indicates that you have failed to accurately disclose your criminal history to the Division of Occupational and Professional Licensing, any nurse license issued to you will be immediately and automatically revoked. http://www.dopl.utah.gov/licensing/forms/012.pdf

If you fail to clarify this issue with the BoN in advance and you answer "no" on the application when you should have answer "yes" and an FBI or State fingerprint check returns a crime you will probably not be issued a license and if one has already been issued it will be revoked.

[kids]

As research for this thread I read some type of application for for nursing licensure for every State and the District of Columbia with the exception of four that are not available to view online (FL, IW, NC, WY).

On their application the majority of states ask about vehicular offenses either as a stand alone question or within a general criminal history question.

Many states ask about DUI/DWI or other offenses by name. Others simply ask that you disclose "anything other than minor driving offenses" while others identify specific ones.

DUI/DWI and many other vehicular offenses are not minor driving offenses.

DUI/DWI and many other vehicular offenses are misdemeanor or felony crimes.
They need to be disclosed as such, according to the BoN rules, even if they are not specifically identified on the application. As previously discussed, if an FBI fingerprint check is run the fact that these traffic or driving related will have no bearing. They are first and foremost misdemeanors or felonies and will be identified as such.

[VickyRN]

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The Public Good: Regulation of Nursing Students