Dismissed charges 3+ years ago in Florida

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    Hello all! Im 25 years old and I am starting a nursing program in Florida this January 2013. I'm super excited and ready for this. However, when i was 19 I was involved in something so stupid there was an argument and somehow a few of us were arrested and charged with battery. It was dropped and dismissed.

    A couple years later me and my long time boyfriend got in a argument, he had hit me and I called the cops, since my "past record" and being at "his house" it was my word vs his and I got arrested and charged with Domestic Battery. That also was dismissed and dropped.

    I'm in the process of have the domestic one totally expunged from my record. Either way I'm terribly embarrassed and wish I could go back in time but I cant. I'm trying to better my life and I'm a smart girl. I have had a job for the last 2 years they know about my past from my background check but still hired me and told me they would even write a letter of recommendation if needed.

    I'm not trying to make what I did okay in ANY way but I'm scared for my future.. it haunts me.. any advice?? Will I be able to get my RN license? and if so, what about a job? Thank you all in advance.
    Last edit by Joe V on Jun 17, '12 : Reason: formatting - removed all BOLD
  2. 7 Comments so far...

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    Allnurses can't really give legal advice. I would try to get both charges expunged if possible. I don't think normal jobs will get records of dropped charges, but I think states/federal stuff can (including jobs). You may need to prepare a "letter of explanation", which you may want to seek legal advice for. A lot of advice is have a lawyer with you when dealing with the Board of Nursing. Some states are more difficult than others. Assault/violence, theft, drug and sex charges tend to be viewed more harshly - generally "moral turpitude" type charges. Save copies of any legal documents you can get (BoN or other places may want them).
    CrufflerJJ likes this.
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    Getting your record expunged couldn't hurt...however keep in mind that you WILL have to report even expunged records to most BONs.

    As far as whether you will be able to get a RN license, the BON reviews every applicant on a case-by-case basis, so there is no way of knowing for sure until you apply. The more supporting evidence you can have to vouch for your rehabilitation, the better your case will be.

    Same thing with nursing jobs, but keep in mind that just because the BON grants you a license doesn't mean that a facility won't reject you based on your record. But they also review on a case-by-case basis as well. And I'm no lawyer, but I think the expunged record will help here.

    And I agree with PolaBar: lawyer up for anything having to do with the BON. The BON is not the nurse's friend.

    Good luck!
  5. 2
    Quote from Meriwhen
    Getting your record expunged couldn't hurt...however keep in mind that you WILL have to report even expunged records to most BONs.

    As far as whether you will be able to get a RN license, the BON reviews every applicant on a case-by-case basis, so there is no way of knowing for sure until you apply. The more supporting evidence you can have to vouch for your rehabilitation, the better your case will be.

    Same thing with nursing jobs, but keep in mind that just because the BON grants you a license doesn't mean that a facility won't reject you based on your record. But they also review on a case-by-case basis as well. And I'm no lawyer, but I think the expunged record will help here.

    And I agree with PolaBar: lawyer up for anything having to do with the BON. The BON is not the nurse's friend.

    Good luck!
    Several weeks ago the EEOC (Equal Employment Opportunity Commission) issued new guidelines for employers regarding applicants with criminal histories. While they are only that and cannot over rule federal, state and or local laws on such matters the new rules deal with employers and criminal background checks/hiring of those with criminal records.

    See: Michelle Natividad Rodriguez: EEOC Updates Civil Rights Protections on Criminal Background Checks for Employment


    The commision also recently added transgender to the "sex" part of anti-discrimination guidelines.

    Again both these changes are basically how the EEOC interpets the law and are open to court challenges in which that system has the final say.
    PinkLadee73 and Meriwhen like this.
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    You will be fine but try to get an expungment. In my state we are allowed one per life time but hospitals are not able to pull them up, but if not expunged thy will see the arest and take it to the committee and have it reviewed and more than likely you will be denied he offer. Unless you make a great impression stay positive you'll be fine!!
    PinkLadee73 likes this.
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    In FL, CONVICTIONS are all that matter. I had a domestic arrest for which the charges were dropped. They presented NO issue in getting my license. I have been an RN since Feb 2011 and have not had ANYONE bring up the dropped charge and I have been able to get a hospital job. I think you will be fine.
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    ahh that's very relieving did you need to put anything on your application or did you let them know while applying? thank you so much
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    I said nothing to the board or to future employers. They asked for convictions. I was not convicted. End of that part of the story. Understand I did have 3 misdemeanors I did disclose to the BON. The employer asked for felonies only. All has been good to go.

    Understand this quirk. I had already applied for my ATT with the BON and was arrested after. I held my counsel with the board. I refused PTI or anything else that would appear to be a plea bargain. Charges were DROPPED. In this instance, with the state of FL, disclosure was not required so I allowed my ATT process to continue. I took the NCLEX. I was nervous about this situation because they do the background check around that time. I got my license the day after I took the NCLEX! It has been a year and a half since then.

    I have run into NO problems. I think you will be just fine because the charges were dropped (not dismissed after PTI).
    mina0926 likes this.


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