[MB37]

I had a DUI before I was even 21 - but was an adult. It was expunged as a first offense b/c I pled no contest and have not been arrested since. This was in Louisiana. My application to LSU nursing school required that we divulge all arrests, convictions, and no contest pleas, even if they have been expunged, except traffic citations and juvenile offenses. I disclosed, submitted proper paperwork, and was accepted. I asked someone at the school for advice, and she told me that most single offenses won't keep you out, nor will really old crimes most of the time, but that failing to disclose something that comes up on your background check will get you expelled from the school. I don't know if it's legal to ask for expunged info, but the school said it was required. It might vary by state, but I don't know the law well.

[Lacie]

Originally Posted by MMW37

I had a DUI before I was even 21 - but was an adult. It was expunged as a first offense b/c I pled no contest and have not been arrested since. This was in Louisiana. My application to LSU nursing school required that we divulge all arrests, convictions, and no contest pleas, even if they have been expunged, except traffic citations and juvenile offenses. I disclosed, submitted proper paperwork, and was accepted. I asked someone at the school for advice, and she told me that most single offenses won't keep you out, nor will really old crimes most of the time, but that failing to disclose something that comes up on your background check will get you expelled from the school. I don't know if it's legal to ask for expunged info, but the school said it was required. It might vary by state, but I don't know the law well.

Keep in mind the author of the thread was a "juvenile" at the time of the arrest therefore it is "sealed" and does not need to be divuldged to anyone for application to school or employment. The law applies differently if it had happened as an "adult" then you must divuldge any and all arrest whether convicted or not.

[BSNtobe2009]

Originally Posted by MMW37

I had a DUI before I was even 21 - but was an adult. It was expunged as a first offense b/c I pled no contest and have not been arrested since. This was in Louisiana. My application to LSU nursing school required that we divulge all arrests, convictions, and no contest pleas, even if they have been expunged, except traffic citations and juvenile offenses. I disclosed, submitted proper paperwork, and was accepted. I asked someone at the school for advice, and she told me that most single offenses won't keep you out, nor will really old crimes most of the time, but that failing to disclose something that comes up on your background check will get you expelled from the school. I don't know if it's legal to ask for expunged info, but the school said it was required. It might vary by state, but I don't know the law well.

Legally, what you were told is incorrect, and you had a legal right not to disclose it at all. Even if someone snitched on you later, they legally could not dismiss you from the program b/c you did not have a criminal record under the law.

As I said in an earlier post, it's a law, that take priority over any school policy or BON regulations.

I firmly believe that your personal reputation in nursing is everything, and there is no reason to tarnish it when the justice system has given you a clean slate in which to start again. You have no idea what the school or the BON does with that information once they get it, when they have no right to have it to start with.

[Sheri257]

Originally Posted by BSNtobe2009

No, you can't get into trouble for not disclosing it, that is the point and the purpose of my post.

It is ILLEGAL for them to hold it against you because it is LEGALLY treated as a non-conviction.

It doesn't matter what state, what board, the military, what job, nothing.

I'm sorry but you are completely wrong about this, at least with other states.

In California, just as an example, it doesn't matter if it was sealed, treated as a non-conviction ... whatever. It's considered PERJURY if you don't disclose it to the board.

We just went through our licensing applications with our instructors. It's actually much, much worse if you don't disclose it. Our school goes through these situations with the board year after year. They know what they're talking about.

They hammered on this point over and over: Even if you just went through rehab ... they tell you to disclose it. Because if you don't disclose it and the board finds it, and they will ... THEN you're in big, big trouble.

People who aren't honest about their past actually have a bigger risk of not getting licensed than somebody who's committed murder and who was up front about it.

As the old saying goes: honesty is the best policy.

[BSNtobe2009]

Originally Posted by lizz

I'm sorry but you are completely wrong about this, at least with other states.

In California, just as an example, it doesn't matter if it was sealed, treated as a non-conviction ... whatever. It's considered PERJURY if you don't disclose it to the board.

We just went through our licensing applications with our instructors. It's actually much, much worse if you don't disclose it. Our school goes through these situations with the board year after year. They know what they're talking about.

They hammered on this point over and over: Even if you just went through rehab ... they tell you to disclose it. Because if you don't disclose it and the board finds it, and they will ... THEN you're in big, big trouble.

People who aren't honest about their past actually have a bigger risk of not getting licensed than somebody who's committed murder and who was up front about it.

As the old saying goes: honesty is the best policy.

No, I'm not wrong about it, and it's not considered perjury, and no, this does not vary under a single state in the USA.

I would highly encourage you to speak to an employment attorney and they will confirm what I have posted here.

Rehab, is different, that is a drug problem and if your mental or physical health is in question that isn't protected under the law. Murder is ALWAYS a felony in all 50 states, and requires the governor to grant you a PARDON. If you get a pardon, guess what? You don't have to disclose you were convicted of murder to anyone anymore b/c that is what a pardon does: it voids the conviction and every right you had taken away from you as a convicted felon is restored to you.

Again, it has nothing to do with honesty, it is what the LAW gives you the right to do.

I would encourage you to look up how California views expungements and deferred adjudication or deferred judgement, and you will discover I am 150% correct.

[Sheri257]

Originally Posted by BSNtobe2009

I would highly encourage you to speak to an employment attorney and they will confirm what I have posted here.

It doesn't matter what an employment attorney says. It only matters what the board says. And the courts almost always side with the BRN in these situations.

The director of my nursing program has a direct line into the BRN. She deals with these situations year after year. And she told us over and over: disclose it.

If people want to take the risk and not disclose it ... go ahead. But don't be surprized if you don't get licensed and/or lose your license.

[BSNtobe2009]

Originally Posted by lizz

It doesn't matter what an employment attorney says. It only matters what the board says. And the courts almost always side with the BRN in these situations.

The director of my nursing program has a direct line into the BRN. She deals with these situations year after year. And she told us over and over: disclose it.

If people want to take the risk and not disclose it ... go ahead. But don't be surprized if you don't get licensed and/or lose your license.

Are you saying that the BON is above the law?

[Sheri257]

Originally Posted by BSNtobe2009

No, I'm not wrong about it, and it's not considered perjury, and no, this does not vary under a single state in the USA.

Uh ... yeah ... you are wrong about this.

California BRN application under p. 12:

http://www.rn.ca.gov/lic/pdf/exam_app_2004.pdf

Quote:

I certify under penalty of PERJURY under the laws of the state of California that all information provided in connection with this application for licensure is true, correct and complete. Providing false information or omitting required information is grounds for denial of licensure or license revocation in California.

[BSNtobe2009]

Originally Posted by lizz

Uh ... yeah ... you are wrong about this.

California BRN application under p. 12:

http://www.rn.ca.gov/lic/pdf/exam_app_2004.pdf

Quote:

I certify under penalty of PERJURY under the laws of the state of California that all information provided in connection with this application for licensure is true, correct and complete. Providing false information or omitting required information is grounds for denial of licensure or license revocation in California.

Look, I'm not trying to be rude, but you don't understand what the legal terms mean or what they legally allow you to do.

When you are given LEGAL PERMISSION to omit the convictions for the rest of your life by the courts that is NOT PERJURY!

[Sheri257]

Originally Posted by BSNtobe2009

Are you saying that the BON is above the law?

The BRN has the legal authority to promulgate rules and regulations that have the same effect as law.

And their duty, under the law first and foremost is to protect the public. Their duty is not to protect the confidentiality of past indiscretions.

If you don't disclose it, you're essentially lying to the board about past incidents that could potentially affect public protection. No court is going to side with you on that.

Take them to court ... you'll see. You still won't get licensed, I'll guarantee it.