Denied entracne into ASN program...story with questions

Nurses Criminal

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Hi!

I came across this site and wanted to get some feedback from nurses/students about my current situation with school. I attend a school that offers an ASN program. They are currently accepting applications for the fall 2017 semester and since my pre-reqs are finished, I applied. As with all school/job applications, you're supposed to disclose all citations, felonies, and misdemeanors. Here's my citation story..

My husband and I own a gun shop. 4 years ago we were outside sighting in guns that we had just gotten in a shipment. We own 5 acres of land and I was shooting a pistol into our open field at a target. Our neighbor at the time, who is anti-gun called the DNR (Department of Natural Resources) and said the gunfire was "traumatic" and he wanted us to stop shooting. So DNR comes out, looks around and basically tells us that this guy is just going to keep complaining unless we stop. They wrote me a citation for shooting within 500 feet of a structure (our house), and went on their way. The officer was supposed to take my gun, but he was like this is so bogus, just pay the ticket. So the next day I called the court house, paid 50$ and that was it.

This was in 2013. I have never had this brought up to me in any job interview etc. The same year I started working at a well known, level 1 trauma center as a Phlebotomist with direct patient care and when I brought it up to HR, they told me "We don't care about that, it doesn't affect patient care". I was never charged with anything anyway, it was the equivalent of a speeding ticket. I currently work at MedExpress Urgent Care and once again, they didn't care either and they even told me that it didn't come up on my background screen. I'm an honest person, so I disclosed the ticket to the nursing department prior to submitting my app, but told them that it doesn't show on my background check. Fast forward 30 days, I get an email stating I didn't get in. I met with the director and was told that I was deducted 6 points from my application for a misdemeanor because of the ticket. After explaining to them that it doesn't show up my background, they refuse to budge and give me the points back and grant me admission. My GPA is 3.8 and I scored a 87 on my TEAS and I was told I was in the top 48 admitted, but the citation knocked me out.

So I'm fighting this hard and have a meeting with the vice president of admissions this week, but I wanted to get some insight from nurses/students to maybe get a different view/opinion? I also just found out that one student that just got into the program has a pending DUI charge, but was granted admission. But I'm offering to prove that this citation isn't on my background, and they're refusing to budge....it's infuriating. I feel like I'm being screwed for being honest. Any insight would be great!

Thanks

B

Specializes in EMS, LTC, Sub-acute Rehab.

I feel your pain OP. I was denied acceptance into an ASN program for a vandalism charge that was 25 years old. Despite the fact that I'm a combat veteran, held a TS clearance, previously worked at the Pentagon and Naval Observatory, and had been an EMT for years prior, I'm still considered a criminal by certain folks.

Even though I paid my debt, it still haunts me. I have been denied employment as a nurse because I have a criminal record. I had to jump through some serious hoops to transfer my license because Florida considers vandalism an act of criminal mischief.

Because your 'crime' involved a firearm, some people may interpret it as violent crime vs DUI which magically translates into you being a violent person in some eyes.

Expungement will not help either because most applications asked whether you've been arrested or charged with a crime.

I got accepted to an LPN program and I'm completing my RN program online because of these circumstances. Best of luck!

I'm not sure why you disclosed it if it was the equivalent of a speeding ticket. You don't have to disclose speeding tickets in nursing school. If that was the issue many of us would not be nurses.

There has to be more to this. You said the school considers it a misdemeanor. Was it a misdemeanor or a ticket?

The level of infraction is determined by law. The school does not get to decide what is a felony, what is a misdemeanor, etc.

Maybe the school is basing their admission policy on what their experience has been with clinical sites and maybe even the Board of Nursing. Individual facilities get to determine who is granted student access and may have given the school their limits or parameters. The Board of Nursing gets to determine who is granted a license based on background checks, criminal history. I'm just thinking out loud in that these could well be factors playing into your acceptance---or not. No point in admitting a student who won't meet the requirements for the BON for licensing, like that. I hope it works out for you, B!

Specializes in Psych, Corrections, Med-Surg, Ambulatory.

Sounds like someone in the admissions office functions at the same level as your neighbour. Are there other comparable schools in your area? Next time around, don't disclose any "tickets". If they don't even show up on a background check, they are a non-issue.

Good luck.

Specializes in Psych ICU, addictions.

Moving to the Licensure with Criminal History forum for more targeted responses. Be advised that this is a moderated forum, so posts are reviewed before they are made visible.

Specializes in Psych ICU, addictions.

I'm no lawyer (though I am a gun owner) and it seems kind of odd that a charge of discharging a firearm near a dwelling can be just a citation.

Honestly, I would find out exactly what your criminal record says before you go any further. You may think that this charge isn't on your record, but it could very well be. Any charges involving firearms--even ones that the law enforcement present tells you is "bogus"--tend not to be taken lightly by schools, employers, BONs, etc. And the school isn't going to reconsider your admission if you keep telling them "no, it's not on my record!" and they pull up a record check that says, "yes, it definitely is."

So find out what you're dealing it first, then plan your next steps. Get help from a lawyer if necessary. If you record is clean, then you'll have hard evidence. If your record is not, then you know that you have to address it with the school, employers, BONs, etc.

And IMO, don't attempt to use the DUI student in your fight against the school. The fact that they let DUI in doesn't mean they automatically have to let you in. His/her case is entirely separate from yours and has no bearing on whether you should be admitted.

Best of luck.

Specializes in Psych ICU, addictions.
The level of infraction is determined by law. The school does not get to decide what is a felony, what is a misdemeanor, etc.

True.

But the school goes get to decide what they are willing to accept when it comes to an applicant's background check.

Specializes in Neuro.

Was the citation actually a misdemeanor? I ask because some citations can be, many are not. If it is not actually a misdemeanor fight it, flagging you for a "criminal conviction" (in lieu of a simple citation) that you don't actually have seems like shaky legal ground for the school. Good luck OP.

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