will this kick me out of nursing school?! - page 4

Hi, I've been accepted into a nursing program and will start in December. My problem is this-when I was 17, I got into a bit of trouble with the law (a petty retail theft and a disorderly... Read More

  1. by   BSNtobe2009
    Quote from lizz
    BTW ... the Arizona application also says you're guilty of fraud if you don't disclose it, and could be subject to criminal prosecution.

    :typing
    Ah, Arizona is different and this isn't like California at all.

    Arizona doesn't have true expungement, Arizona only has deferred adjudication...similar in restoring your civil rights, but different in practice, deferred adjudication will 'set aside' the conviction but will not erase the arrest record.

    This is also where Arizona BON would have a battle with another state if someone was convicted in another state, had their record expunged there and there was a court order to seal it...the Arizona BON, regardless of their policy, can't order another state to open it, and therefore a background would come back clear.

    Arizona deferred adjudication does restore all of your civil rights.

    By the way, I wasn't going by the California BON application, I read the penal code and researched sites that mentioned what showed up during a route background check.

    Here is the kicker: If the court doesn't disclose it, the BON can't find it. That is where California is different, they don't remove it from your record, thereby, that is why it was considered worthless by the article.
  2. by   PANurseRN1
    Which is why you shouldn't be dispensing legal advice, since you are not an attorney.
  3. by   Sheri257
    Quote from BSNtobe2009
    Ah, Arizona is different and this isn't like California at all.

    Arizona doesn't have true expungement, Arizona only has deferred adjudication...similar in restoring your civil rights, but different in practice, deferred adjudication will 'set aside' the conviction but will not erase the arrest record.

    This is also where Arizona BON would have a battle with another state if someone was convicted in another state, had their record expunged there and there was a court order to seal it...the Arizona BON, regardless of their policy, can't order another state to open it, and therefore a background would come back clear.

    Arizona deferred adjudication does restore all of your civil rights.

    By the way, I wasn't going by the California BON application, I read the penal code and researched sites that mentioned what showed up during a route background check.

    Here is the kicker: If the court doesn't disclose it, the BON can't find it. That is where California is different, they don't remove it from your record, thereby, that is why it was considered worthless by the article.
    I don't see how this changes anything. Contrary to what you said earlier ... you still have to disclose the conviction. Before, you were telling people they didn't have to disclose anything in any state.

    I just hope people contact their BON's. It's the only reliable source of information.

    :typing
  4. by   sirI
    Please, let's be careful here. Some posts are dangerously close to giving legal advice. To offer adivce of "just ignore the BON" or "don't worry about it, you don't have to disclose/report/answer yes, etc", is not in the best interest of the nurse.

    Only the individual's BON can answer the questions regarding eligibility and criminal offenses. Many questionnaires/applications in many states read, "Have you ever been convicted.....including expunged offenses and/or deferred adjudications with or without a finding of guilt", then you must answer 'yes'.

    So, to address the OPs concerns, you must seek answers from your individual state's BON.

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