2 Dismissed Misdemeanor Charges... Rejection Letter? Please help. - page 2
Hi, I had taken the TEAS exam, passed, and had my interview for a practical nursing program & it went very very well. The woman told me that I had nothing to worry about and I should be getting... Read More
0Jul 23, '13 by mzaurQuote from octobersongsDo you know if this applies to private hospitals as well? I am ok with BON seeing my expunged misdemeanors, but i am worried that i'll run into issues when I start nursing school and apply for clinical sites at hospitals, who will want to do a background check on me. The expunged arrests shouldn't show up for them, right?I realize this is an older post, however, sealing or expunging your record does not mean it won't be visible to nursing schools. They will still be able to see the charges or in your case, dropped cases. The only time sealing or expunging your record is beneficial is when your applying for a loan or a job that doesn't involve the government or healthcare. Any job with the US government or healthcare field is going to get a full, all inclusive background check no matter what.
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0Sep 17, '13 by RHill9919I'm sorry Mzaur, for the late post too, but I can't answer your question. What I posted above was what my lawyer told me. He said anything that requires fingerprinting is going to yield ALL results no matter what.
0Sep 18, '13 by boomertxQuote from db2xsFirst off let me say I am NOT an attorney and I'm from Texas so I am speaking from that experience. However, I believe what I am about to say is pretty much uniform among the states. A record is not automatically expunged in most cases which means it is totally wiped off both your state and FBI records. You have to actually submit a written petition to the court to expunge it, a hearing will be held and if the petition is granted they will send the proper instructions to the state and FBI. I had such a situation when I was arrested for possession in 1981 (pills loose in my purse), but the lab determined the pills were not a controlled substance (I told you it was aspirin) so I was no-billed, and charges were not filed and the case was dismissed. To get the arrest off my state and FBI record I had to go to court ... now it's gone as if it never existed and does not require disclosure or explanation to the TxBON.I was always told that if my record was expunged, I didn't have to admit it unless specifically asked details.
However, it's important to realize that "taking a plea" with the promise you case will be dismissed after you complete the court-ordered terms makes you INELIGIBLE for full expunction (you admitted guilt and a final determination was made) or to be granted a governor or presidential pardon. I have also come to find out that how your plea deal is handled is important because there are situations where the court will hold the charges and/or final determination if you do "x" will dismiss the case (used now in some drug cases at least in Texas), but I am not an attorney and there is where it's EXTREMELY important that when you are charged with anything YOU GET AN ATTORNEY. A plea deal may sound easier and cheaper but it definitely has ramifications.
In some states (like Texas) you can petition the court for "non-disclosure order" so that it does not appear in routine background checks done by employers or the public but which does not wipe it from you FBI background report. I have come to understanding licensing agencies such as the BON and multiple others specified non-governmental agencies are granted access to charges subject to Texas orders of non-disclosure. The same non-governmental agencies have been granted access to obtain FBI background reports.
An order of non-disclosure means you petition the Court to review your case. Notice is given to the prosecutors who also review the case and your criminal history after the charge to make sure you are eligible (there are restrictions like you can't have another chg within "x" amount of years, etc. and there are certain charges that cannot be non-disclosed i.e family violence, injury to child/disabled or elderly adult, etc.). You are essentially found to be rehabilitated and no longer a risk to society.
The Texas BON does not require your disclosure of criminal arrest/matters under Non-Disclosure Order and do not consider them unless they bring up questions concerning moral character, etc. (remember they have access to the full record as explained above). Why? It's just my opinion it holds alot of sway, because the process to review your criminal matter and determine you are rehabd and no longer a risk has already been done by the Court which is the high-hurdle they are seeking u to pass in their review. It is definitely worth obtaining non-disclosure not only for this reason, but because future employers (unless they are a governmental agency) and your neighbors will not have access to the info.
0Oct 24, '14 by randyis250Hi just wondering if you ever figured this whole thing out, I'm in a similar situation and I'm from MA so i want to know if you got any advice on approaching this problem of a CWOF!