[np_wannabe]

I've heard that anytime a record is sealed, those entities that look into it have the ability to see that you have a record that is sealed, but don't know what its "contents" contains. So, depending on the nature of the record, it may look even worse to have something covered up because they are left wondering what is in the sealed record....

[BSNtobe2009]

Originally Posted by Freedom42

I suggest you call the lawyer who handled your case, explain your concern and have him or her review BON standards to find out if your record is public. Then -- if it's not -- you'll have true peace of mind. I wouldn't disclose anything before getting that advice.

The laws governing juvenile criminal records vary from state to state. Although laymen talk about juvenile records being "sealed," they often are not. In my state, if you were convicted of a felony, that is always public, regardless of your age and regardless of the crime. If you were convicted of misdemeanors, that information will remain public. The age at which someone is considered a juvenile also varies; in New Hampshire, for example, a 17-year-old can be tried as an adult without a bindover hearing.

Your lawyer might be able to answer your question over the phone. If not -- and if you don't have the money for a consultation -- I'd suggest calling the prosecutor who handled your case and asking him or her. Prosecutors who deal with juvenile cases handle this stuff all the time and will often recommend a disposition that will not impact your ability to do certain types of work in the future (e.g., join the military). If you're not comfortable with that, you could call a law school near you to see if there's a free legal aid clinic.

This has nothing to do with the Board of Nursing or laws in different states.

This is where STATE LAW takes priority over any and all policies the BON has.

Every state in the United States has a law that protects people who have deferred judgement or expongements from having to disclose this information on employment applications, applications for school, applications for professional licensure. There are very, very few exceptions, and these are ALL limited to Level 3 security clearance or higher with the Federal Government jobs, but NEVER on a routine job search. Even still, you don't have to disclose this on initial application.

There is no such thing as a record that is thrown away or "tossed out". There is an order by the judge that is sent through the entire state for "non-disclosure".

Since your question is about a juvenile conviction, you were already advised by the court system on how this will affect your future record.

Even if you had MURDERED someone as a juvenile, if it was 100% handled by the juvenile court, you are under no legal obligation to disclose it nor can any state application require you to. If someone that knew about it "tattled", state laws bar the board from seeking any remedy such as revoking a license, because you did not lie on your application, the law gave you permission on WHAT YOU WERE REQUIRED TO DISCLOSE.

[BSNtobe2009]

Originally Posted by waiting4school

Will having a DUI on your record prohibit you from getting into Nursing school or affect licensing by the board?

Only the board can answer that question.

[BSNtobe2009]

Originally Posted by np_wannabe

I've heard that anytime a record is sealed, those entities that look into it have the ability to see that you have a record that is sealed, but don't know what its "contents" contains. So, depending on the nature of the record, it may look even worse to have something covered up because they are left wondering what is in the sealed record....

No, they do not. What people regard as 'sealed' is a confusion with people in understanding the difference in legal terms.

Folks you have to understand, this has nothing to do with "hiding" anything. Unless you have studied higher levels of legal theory or worked in the court system, it's a hard concept to grasp.

The purpose of these type of judgements is not to penalize someone forever for making a mistake for an otherwise law-abiding citizen. Expongements and deferred judgements are not given out like reductions in traffic court for speeding...they are taken very seriously by the court.

Think of it as a pardon. If you were a convicted felon, and the state gave you a pardon, for the REST OF YOUR LIFE, you never have to disclose you were convicted for a felony on anything!

The law PROHIBITS the BON in any state from holding this information against an applicant for licensure..or any other professional board of that state.

I cannot emphasize enough that this is not a BON thing...this is a state law thing...and that "trumps" the BON.

[Lacie]

Originally Posted by BSNtobe2009

No, they do not. What people regard as 'sealed' is a confusion with people in understanding the difference in legal terms.

Folks you have to understand, this has nothing to do with "hiding" anything. Unless you have studied higher levels of legal theory or worked in the court system, it's a hard concept to grasp.

The purpose of these type of judgements is not to penalize someone forever for making a mistake for an otherwise law-abiding citizen. Expongements and deferred judgements are not given out like reductions in traffic court for speeding...they are taken very seriously by the court.

Think of it as a pardon. If you were a convicted felon, and the state gave you a pardon, for the REST OF YOUR LIFE, you never have to disclose you were convicted for a felony on anything!

The law PROHIBITS the BON in any state from holding this information against an applicant for licensure..or any other professional board of that state.

I cannot emphasize enough that this is not a BON thing...this is a state law thing...and that "trumps" the BON.

Correct advice!!!! State law overrides anything to do with the BON as they are not holier than thou to be exempt. If this occurred as a Juvenile and you were tried as a juvenile then DONT disclose it. The records are sealed at age 18 and it's your business and yours only. I have been in mgm/adm and have done alot of hiring and firing. Not once have I ever inquired regarding an individuals "juvenile" record. When you are asked about convictions they are concerned with your adult record of which is a matter of "public record". Your juvenile record is not of such. Background checks will be directed towards your adult record. What you are describing are minor misdemenor charges also and believe me there are alot of us out there that were "wild childs" at one time or another. It is not something that will carry with you for your life time. Leave it behind!

[BSNtobe2009]

Originally Posted by Lacie

Correct advice!!!! State law overrides anything to do with the BON as they are not holier than thou to be exempt. If this occurred as a Juvenile and you were tried as a juvenile then DONT disclose it. The records are sealed at age 18 and it's your business and yours only. I have been in mgm/adm and have done alot of hiring and firing. Not once have I ever inquired regarding an individuals "juvenile" record. When you are asked about convictions they are concerned with your adult record of which is a matter of "public record". Your juvenile record is not of such. Background checks will be directed towards your adult record. What you are describing are minor misdemenor charges also and believe me there are alot of us out there that were "wild childs" at one time or another. It is not something that will carry with you for your life time. Leave it behind!

THANK YOU!

The only time you would be required to disclose a criminal record (and it really isn't even a record), is if you had a deferred judgement and a JOB application asked for "prior arrests". Because legally, you have been arrested, but legally, you haven't been convicted. If it asks for convictions only, you can answer no to the question and that is a truthfull response.

If a record is exponged, then both, are inaccessable (the arrest and conviction).

This is the only aspect of law that might vary by state, because some states bar employers or any other state entity from requiring an individual to disclose an arrest, b/c an arrest doesn't equal conviction.

However for the purposes of this post, she was told when she was 17 that her record was sealed directly by the court, and her background check was her proof they honored this.

ALSO, to anyone who has minor dings on their adult record, there are tons of services on the internet that claim to be able to exponge your record..the truth is, you don't need an attorney to do this. They are scams.

All you have to do is talk to the DA to see if he would be willing to ask a judge to grant it. This can be done with ALMOST any misdemeanor charge. DUI's and drug convictions are the most difficult to get expongements on, but you have to have evidence that you have taken steps to improve your life, and a good amount of time has passed, your chances are actually very good, no attorney needed.

[Lacie]

Also they usually do only a criminal background check and the Abuse registry. They dont go knocking on your first grade teachers door wanting to know if you ate paste or not. If your records were sealed then that's exactly what they mean. No one has access to those records after that time unless your a judge. I was a chronic runaway and had my share when I was young. Not one thing every showed up down the road and that's been a long road at my age lol. Take the advice that BSNtobe2009 has given and move on with your career plans and you life. Leave juvenile mistakes behind you. Concentrate on your future and make sure you make the right choices from there on and never never look back!

[godsgurl]

I am not sure if this wil help. My older sister got into trouble at 16. It was the same circumstance, her record was sealed. The Judge told my sister that after she turns 18 on any application when it is asked does she have any arrest record she is to answer No. She is now a nursing student. They would have to get a court order to open your file. There is no open file on you. Move on and don't look back. Your slate is clean.

LJ

[PANurseRN1]

You should follow the advice of an attorney. No one here can legally adivse you, nor should they.

[PANurseRN1]

Originally Posted by BSNtobe2009

This has nothing to do with the Board of Nursing or laws in different states.

This is where STATE LAW takes priority over any and all policies the BON has.

Every state in the United States has a law that protects people who have deferred judgement or expongements from having to disclose this information on employment applications, applications for school, applications for professional licensure. There are very, very few exceptions, and these are ALL limited to Level 3 security clearance or higher with the Federal Government jobs, but NEVER on a routine job search. Even still, you don't have to disclose this on initial application.

There is no such thing as a record that is thrown away or "tossed out". There is an order by the judge that is sent through the entire state for "non-disclosure".

Since your question is about a juvenile conviction, you were already advised by the court system on how this will affect your future record.

Even if you had MURDERED someone as a juvenile, if it was 100% handled by the juvenile court, you are under no legal obligation to disclose it nor can any state application require you to. If someone that knew about it "tattled", state laws bar the board from seeking any remedy such as revoking a license, because you did not lie on your application, the law gave you permission on WHAT YOU WERE REQUIRED TO DISCLOSE.

Unless you are an attorney, you should not be dispensing legal advice.