Eligibility to sit for NCLEX in MD with DWI charge

BabyLady, BSN, RN · Jun 27, 2011

My school was very clear about how criminal charges can affect your ability to gain licensure when we attended an informational session before any of us applied...yours should have been as well.

The problem with your particular situation is that you not only have the issue of the BON of your state, you will also have that show up on a background check when you go to apply for jobs...as a new grad, I am not going to lie, that is going to be tough because a year ago is fairly recent.

All you can do is apply and be honest about the conviction...while I cannot tell you what your individual BON will do (and neither can anyone on this board, because BON's handle all criminal convictions on a case by case basis), I can tell you with 100% certainty that if you have a criminal conviction and do not disclose it and they find it (which they will), that will almost guarantee that they will not approve you for licensure.

m.neugz · Jun 28, 2011

Thank you for your response. To clarify, I have no intention of being deceptive to the BON. In actuality, the state that the offense occurred in doesnt consider it to be a 'criminal' offense rather a traffic offense which doesnt show up on fingerprint checks as you are not arrested until your second offense and thereafter, therefore, I didnt consider it to be a potential issue.

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I am not looking for sympathy or any legal advice, as I am aware this is not the place to seek it. However, I was wondering if anyone in the state of MD has encountered a similar situation and how the BON handled it.

BabyLady, BSN, RN · Jun 28, 2011

Thank you for your response. To clarify, I have no intention of being deceptive to the BON. In actuality, the state that the offense occurred in doesnt consider it to be a 'criminal' offense rather a traffic offense which doesnt show up on fingerprint checks as you are not arrested until your second offense and thereafter, therefore, I didnt consider it to be a potential issue.
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I am not looking for sympathy or any legal advice, as I am aware this is not the place to seek it. However, I was wondering if anyone in the state of MD has encountered a similar situation and how the BON handled it.

I'll be honest, strictly legally speaking, a traffic citation is a criminal offense. When they write you a ticket, technically, your signature is a "bond" to guarantee that you show up to court and is given in lieu of an arrest. If you refuse to sign the ticket, they will take you in.

However, even though you may go to traffic court for a DUI, I can tell you now that most states regard it as a criminal offense and treat it differently than other traffic citations...way differently.

My advice: Get a background check done on YOURSELF..that way you know what shows up or you can call the court and ask them how they report it...b/c that is where background investiation companies get their information from.

You do not have to be taken to the jail to be technically arrested..that is why it is important to know.

Trauma Columnist · Jun 28, 2011

What about consulting a lawyer?

Karl Farmer · Jul 4, 2011

Are you from Hawaii? As far as I know it is the only remaining state that a DUI is not a criminal charge. If not, regardless, every other state does, and it will show up. An example of this catch-22 is Canada- with a misdemeanor DUI, or even a Hawaii non crminal DUI- Canada considers every level of DUI a felonly, and bars entry, even for vacation. Tough call. DUI is so serious in this country and so prevalent, that most people are simply stunned to find out the penalties- and they literally never go away.

Tiger747 · Jul 4, 2011

BabyLady hit it pretty squarely on the head. Hope for the best; but, certainly, prepare yourself for the worst.

Nurses are in very big demand where I live. In fact, one nursing home near me has for years been hiring around the clock with huge banners strung up over the parking lot. I have interviewed with them 3 times under 3 different D.O.N.'s (evidently cannot keep them either), but they won't hire me.

Why? I have a 10-year-old misdemeanor with a probationary license. My license is unlimited; just on probationary status for 6 months (from date of employment).

I have been looking for work as a nurse now for 10 months now, and have put out over 400 resumes that I have kept track of. This is not counting many I have not. I have had 5 interviews.

Many on here have said it before, ands I have to agree: it isn't the BON; it is the job.

Karl Farmer · Jul 5, 2011

Location, Tiger?

Tiger747 · Jul 5, 2011

I am in central Indiana. I finally had a D.O.N. tell me that in my case, since the misdemeanor is for Simple Battery, no place who takes Medicare or Medicaid (state money) can hire me because if audited, they would get a mark against their license.

Another place told me it is against corporate policy to mess with probationary nursing licenses of any form. I actually had the job and was called in for my TB test and to get my schedule when the D.O.N. told me. She felt so bad, as she herself did not know.

In Indiana I know they give a probationary license for all D.U.I's as well. So sitting for the NCLEX really is not the point. If issued a probationary license, you have a scarlet letter at the beginning of a new career, and with schools pumping out nurses like factories, there is never a shortage of the squeaky clean.