Can a Criminal History Stop Me from Being a Nurse?

Nurses Nurse Beth

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Specializes in Tele, ICU, Staff Development.

Dear Has Felonies,

You certainly are not alone in having felonies in your past and wanting to pursue nursing. For the most part, each case is evaluated individually. But there are some generalities that may help you.

Nursing School Admission

When you apply to nursing school, you must disclose all criminal background as asked on the application. Sealed records are discoverable. It's wise to look into the criteria for admissions at the specific nursing school with an admissions officer to see if entry into that nursing school is possible.

Because different schools have different admission criteria, they will decide for or against admittance to the nursing program.

Next Step: The Board of Nursing

There is always the risk of being unable to obtain a license after completion of nursing school.

Graduation from an accredited nursing school does not guarantee that you will be eligible to take the National Council Licensing exam (NCLEX) or obtain a nursing license when you complete school.

The Board of Nursing (BON) will not advise whether they will grant a license prior to attending nursing school. The BON will conduct an in-depth, FBI level background search through the Department of Justice (DOJ). The BON search will reveal all records, whether expunged or sealed.

States Differ

The BON in your state, like all BONs, will make a determination on an individual basis as to whether you can take the NCLEX and then obtain a nursing license. Some states have a list of absolute bars, including:

  • Aggravated Burglary
  • Aggravated Robbery
  • Aggravated Arson
  • Rape
  • Felonious Assault
  • Manslaughter
  • Murder

Some state BONs do not have a list of absolute bars and will consider every application on a case by case basis. They will examine your application in detail. Many factors will be taken into account, including your age at the time of committing the crime, whether the crime included a minor, whether the crime included drugs or alcohol, and so on.

Rehabilitation

The Board may choose to grant a full license if they determine you have positively changed and have demonstrated rehabilitation. They will look to see that all restitution requirements and court orders were met. In your case, you have met this because you were able to have your case sealed.

The most important thing is to demonstrate that you have changed, that you show remorse, and that you have learned from your mistake. The BON will direct you to provide all court records, letters of recommendation, and more. Follow the directions carefully and consider consulting an attorney with expertise in this area.

Read Writing a Letter to the BON for more information, and best of luck to you.

Best wishes,

Nurse Beth

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Specializes in Orthopedics, Med-Surg.

I have very mixed feelings about this. Would I want to work with someone who has a criminal history? That depends. 11 years without further trouble could be a sign of change or it could just mean you've been lucky. I'd definitely want to know what your crimes were and how violence fit into the picture.

What kind of temperment do you have? Do you get insulted easily? Do you lose your temper easily? None of us are saints and I know I'm a much better man today than I was when I was younger. I also know some criminal convictions aren't truly deserved... like the guy who gets caught urinating in a bush after dark who now has to sign up to the sex offender registry, or the 19 year old charged with statutory rape because his girlfriend is 17. I'm much less accepting of somebody who hurt others in the past without an excellent explanation for what happened.

This may not help you answer your question but at least you should understand how I and others might look at folks with a checkered past. If you're a good guy at heart, I wish you good luck. If not, find another line of work.

Specializes in ICU.

The key words for me here are a "few violent" felonies. I could in some few cases understanding a drunken bar fight turning into something line one violent felony, but I don't get a few violent felonies. Why was a lesson not learned on the first offense?

I believe everybody should get a second chance in life. But I also believe violence and nursing do not mix. Was the OP a minor or did the OP have a good lawyer to have a record sealed? I understand that anybody can have a record "sealed" these days. Which only means that people don't get to know the details, not that it doesn't show up on a background check. Which can be detrimental in certain cases.

Without knowing the story, none of us can judge. The OP needs to know though that nursing schools are much more lenient than the BON is. The schools want your money. The BON is responsible for safe nurses.

The justice system is designed to punish, and it does. Pretty much for life. I know a person with felonies (non violent) from over 20 years ago and when a job does a background check, he is not able to do much about it--if the job requirement states "no felonies", it means ever. I'm glad that you have worked hard to change your life, but I doubt you will be allowed to be a nurse if you have violent felonies, especially a "few" despite the fact that it was so long ago. It really is a shame that the way the current system is, people are punished for life so they never really can get away from the past. However, nurses work with very vulnerable populations and truthfully, anyone who steals or is violent should not be a nurse. Sorry, I'm sure you have corrected yourself now, but that is just the truth.

Ask the board of nursing in your state with your specifics. Also, consider that no matter what state you go to, they will do a background check with fingerprints. My school ONLY does a state background check. We have had students come from other states and think they are in the clear with the school background check because their convictions were in another state. But, then they were not allowed to take the NCLEX, which means they have a nursing degree but can't be a nurse. So, check with the board first.

I think that you also should be aware that getting a nursing job these days is competitive. You don't want to spend all that time and money and then have trouble getting a job. Which happens to many people even without any felonies in their past. I think that your job opportunities may be very limited. You may be better off with some kind of counseling or social work job where your past could actually help you get a job. There's all kinds of ways of helping people besides being a nurse. Best of luck to you.

Specializes in Geriatrics, Dialysis.

If you are able to get into a reputable accredited nursing program there is still no guarantee that you will be able to sit the NCLEX or obtain a license when you are done. You can certainly contact your state BON, but don't be surprised to get no helpful answers.

It is a strange Catch 22 as most states BON consider each case individually, and they won't consider your case until you have applied for licensing which of course you can't do until you graduate from school and get the OK to take the NCLEX. So no helpful answers as to whether or not to even attempt a nursing program as they won't tell you if you can be test until you are done with school. I have also heard anecdotal evidence of more than one case where a person finished a nursing program, passed the NCLEX and was still not granted a license.

Sorry if this isn't what you want to hear but there are definitely no guarantees of a positive outcome for you and I would hate to see you spend that much time and money on an essentially useless degree.

It's a shame when people have been living their lives as non-violent felons for years after paying their debt to society and can't truly get on with their lives (in this case become a nurse) yet there are people with zero criminal records in every profession- not just nursing- who make the workplace a truly miserable place for everyone due to their poor attitude, narcissism, bullying, gossiping and every other negative trait.

Give me a nice, normal, hard-working, reformed violent felon any day rather than some of the jerkfaces I've worked with over the years.

Specializes in L&D.

From experience I know you can have your record cleared and/or the charges expunged. It's a big process and lots of paperwork but before I could become an RN I went through the process of having a couple charges completely expunged and removed from my record. I had an in though- my sister was friends with our State Governor at the time (the governor is the one who decides if the charges can be expunged). I am so thankful that my record could be cleared of the one stupid drunken night when I was 18, we all make mistakes, we are human. But once something is on your record it's there for good and if you have a felony behind your name you lose a lot of rights as an American! (not even talking about nursing licensure...)

basically whatever state you have the convicted "violent felonies" in you will have to apply for the charges to be expunged, and if you show that you are a law abiding citizen etc. and that you are applying for nursing school you have a good chance to have your record cleared. You don't have to get a lawyer to do this, but you do have to appear in court (sometimes multiple times).

After the expunging is complete the state will send a letter telling you what's on your record and they actually called me and said that I could completely deny all criminal record because once expunged it really is clear! Your record can be CLEARED so you can move on with your life and nursing career!

From my experience all jobs do a background check (you can't even work in a hospital period if you have a felony-let alone as nurse)....

bottom line: it would be well worth your time and money to apply for the charges to be EXPUNGED from your record, as what would be the sense in going through nursing school (the mental and financial exhaustion!!!) and then applying for your NCLEX and being DENIED!!!!!! that is a big waste.

Specializes in Dialysis.
From experience I know you can have your record cleared and/or the charges expunged. It's a big process and lots of paperwork but before I could become an RN I went through the process of having a couple charges completely expunged and removed from my record. I had an in though- my sister was friends with our State Governor at the time (the governor is the one who decides if the charges can be expunged). I am so thankful that my record could be cleared of the one stupid drunken night when I was 18, we all make mistakes, we are human. But once something is on your record it's there for good and if you have a felony behind your name you lose a lot of rights as an American! (not even talking about nursing licensure...)

basically whatever state you have the convicted "violent felonies" in you will have to apply for the charges to be expunged, and if you show that you are a law abiding citizen etc. and that you are applying for nursing school you have a good chance to have your record cleared. You don't have to get a lawyer to do this, but you do have to appear in court (sometimes multiple times).

After the expunging is complete the state will send a letter telling you what's on your record and they actually called me and said that I could completely deny all criminal record because once expunged it really is clear! Your record can be CLEARED so you can move on with your life and nursing career!

From my experience all jobs do a background check (you can't even work in a hospital period if you have a felony-let alone as nurse)....

bottom line: it would be well worth your time and money to apply for the charges to be EXPUNGED from your record, as what would be the sense in going through nursing school (the mental and financial exhaustion!!!) and then applying for your NCLEX and being DENIED!!!!!! that is a big waste.

Some expunges still show up. A girl that was in a class I taught had something from 15 yrs prior expunged (paid big $$ to do so). She thought no more of it, as it doesn't show up on a regular crim check. Thousands in debt from school and can't sit for boards in IN d/t this, unable to relocate d/t family commitments. What is true for some is not true for everyone, so beware that it may or may not keep you from getting license regardless

Why is it that when someone has a criminal conviction, but goes a long time w/o incident people like to attribute it to luck. Couldn't that also be said for those who don't have a criminal conviction...that luck has prevented them from getting caught?

Just an interesting way of thinking, to say the least.

Specializes in L&D.

So the better terminology rather than expunge the charge is actually called "executive clemency" and this is much better than having your record expunged. Executive Clemency is a process in which the governor will sign off on your charges and your record will be cleared permanently. Sorry about the mistake in terminology.

Specializes in retired LTC.

I've got fuzzy brain cobwebs about this, but I recall SOMETHING (from SOMEWHERE) that SONs' clinical sites might reject students having records from providing clinical experiences at their agency.

Hospitals, HH agencies, NHs et al are all very selective about who receives a contract allowing students clinical privileges. They sit in the cat-bird seat. It freq involves insurance liability for the agency. This is esp true if the facility wouldn't hire someone with a record then they wouldn't allow them to provide student/patient services.

Schools are VERY competitive about securing clinical sites (considering the over-saturation of nsg schools all vying for the same limited availability of approp sites). Schools certainly would not wish to jeopardize their clinical contracts by assigning an inappropriate student.

Hence some school screenings are very exhaustive and in-depth.

This is also something to consider if a student with a record is found out trying to minimize/hide a record during the school application process - the student may well be expelled mid-program. So I'm believing that honesty is the best approach up front in the beginning school application process before OP (or any student)would spend time & money on questionable endeavor.

And just FYI for any other readers - I also remember that applicants with histories of domestic violence (just adding to Nurse Beth's list) face increased difficulties. Just FYI.

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