Criminal Record in US and Canada?

[nurseahoy2]

Hi I have a question...

I'm a dual citizen of US and Canada and have a felony record for theft 7 yrs ago and would like to be a nurse...

I've been searching google and havent found a clear answer...

In canada, if you get convicted of an offense, you can get a pardon after 3 or 5 years of good behaviour, and it is fairly easy to get...once you get that pardon, there are laws in both province and country that prevent discrimination against a pardoned conviction..in fact, employers can ONLY ask " Have you ever been convicted of an offense for which have not been pardoned for?" They CANNOT ask stuff like "Have u ever been arrested? Have you ever been convicted?" If they do, applicants can successfully complain to the Humans Rights Tribunal which has the same power as our courts....

So in canada, if convicted of a crime, you can get a pardon which gives you a clean record and you dont have to disclose it to anyone...its given to anyone whose been good behaviour (which they define quite stringintly) for 3 or 5 years, depending on the offense...

But for me, I was convicted of a felony in the States...Are felonies permanent?? Or can you apply for pardon and get it easily?

If not, am i screwed for this felony?? Because felony theft (theft of $500) in Canada is viewed as a minor crime.....but in the states are felonies considered "henious crimes"? And appearntly because i've got this felony I can't vote?? In canada, if you've committed a crime, you can always vote regardless of the severty of the crime...

Sorry if i sound ignorant...but i've largely lived in canada my whole life..any help would be appreciated

[TazziRN, RN]

You can't get a pardon but you can have your records sealed. HOWEVER.....you still need to disclose that if you are applying for a license in the U.S. It is still possible to get a license depending on the felony and how long ago it was, but you would have to jump through extra hoops to get it. The best thing to do is contact the BON of the state in which you would like to apply for a license.

[nurseahoy2]

OK but if you get your felony sealed, and you tell the BON, shouldnt the fact that you got the felony sealed a POSITIVE thing, since you had to be of good behavious to get it sealed??

[clee1]

OK but if you get your felony sealed, and you tell the BON, shouldnt the fact that you got the felony sealed a POSITIVE thing, since you had to be of good behavious to get it sealed??

The process here is also (and more properly) known as "expungement". What this means is: the records are "sealed" (or distroyed outright) and NO mention EVER can be made from official sources regarding the crime. It is like it never happened in the first place. If this occurs for you, you need tell the BON absolutely NOTHING about it at all.

That is my situation. As a very young adult, I was arrested for a marijuana-related felony, and entered a pre-trial, 1st offender program. At the end of 5 years of a clean record (and clean urine ) my arrest/conviction was expunged. My attorney tells me not to even mention it on the BON paperwork; if I am denied a license, he says we can sue the State for enough $$$$ so I'll never have to work again anyway.

In any case, I have paid the

Best of luck to you.

[TazziRN, RN]

The process here is also (and more properly) known as "expungement". What this means is: the records are "sealed" (or distroyed outright) and NO mention EVER can be made from official sources regarding the crime. It is like it never happened in the first place. If this occurs for you, you need tell the BON absolutely NOTHING about it at all.

Uhhh.......not true, not in CA. You still have to disclose expungement. (Thank you, I couldn't remember the word.) You do not have to provide as many details but you still have to 'fess up that it exists, and you have to provide the papers proving expungement.

And yes, it is a positive thing to have your records expunged, but you still have to disclose it in CA.

[clee1]

Thanks, Tazzi... that's good info to know.

My crime was in Louisiana, and I now live/plan to license in Georgia (where my attorney said not to disclose), and possibly one of the compact states as well. I guess I'd best look into their regs as well.

[TazziRN, RN]

I should clarify: my ex-husband applied for a respiratory license after he had had his record expunged. What he was told by an attorney was that he has to disclose to any agency that requires fingerprints, a detailed criminal background check, etc. He would not have had to disclose to a hospital once he was licensed, but he had to disclose to the respiratory board. I know it's not the same as the nursing board but in CA they are all part of the state's Consumer Affairs Department.