Expungement: Reality check. - page 2

by SuzieVN 7,402 Views | 16 Comments

Not legal advice. A summary of what I have found, is all: In theory, it means you no longer have a conviction. It's meant to help people clear their past, start afresh. If your application asks if you've been arrested or... Read More


  1. 1
    I also would ask my specific BON for guidance. In my state, it asks if you were ever CONVICTED of a crime (not arrested for) and if you were, you would have to answer "yes" but in the "expliantion" part write "expunged" or "dismissed". Again, not giving legal advice either. However, I would ask if there's any way that your CORI can reflect "no adult convictions" on it.
    Meriwhen likes this.
  2. 1
    Quote from jadelpn
    I also would ask my specific BON for guidance. In my state, it asks if you were ever CONVICTED of a crime (not arrested for) and if you were, you would have to answer "yes" but in the "expliantion" part write "expunged" or "dismissed". Again, not giving legal advice either. However, I would ask if there's any way that your CORI can reflect "no adult convictions" on it.
    Another difficulty faced by those with criminal records: when it comes to BONS, the guidelines of the 51 (don't forget D.C. has its own BON) vary. JadeLPN's BON only wants to hear about convictions, but mine wants to hear about arrests even if charges were dismissed. Another state couldn't give a darn about traffic infractions, but mine cares if the ticket was over $300...and to them that covers a large number of traffic violations, many of them innocuous. I always drive with my cruise control on and set for only 5 mph over the limit.

    Again, it's always safest to check with YOUR specific BON as well as a lawyer for the most accurate answers.
    jadelpn likes this.
  3. 0
    Hi, I'm hoping for a little advice as I've been scouring the internet for days to find an answer to this with no luck..
    I served time in juvenile hall, was put on house arrest, did a ton of community service, and went to therapy for months when I was arrested on assault(felony) charges (which were completely false, but thats another story..) After I successfully did all of these things, my charges were "dismissed". I'm now 17 and I want to know if, once I turn 18, my arrest record and all that is gonna go public and pretty much be there forever? In California I know you can't petition to seal your records until you're 18.. So am I pretty much screwed?

    Thanks in advance!
  4. 2
    Expungement for general public works differently when one is then perusing a LICENSED position. Granting a license to practice a profession involves a duty by the state to protect public safety. Boards granting licenses therefore have access to juvenile records ans expugements. Licensure of Nurses: An Integral Part of Public Protection

    Boards of Nursing look at entire application and are looking to see how person has changed their life to be a valued member of society when juvenile offense has occurred.

    Further info:
    FAQ: Nursing Licensure With Criminal History offers info on legal effect of an expungement.

    National Helping Individuals with criminal record Re-enter through Employment Network
    Last edit by NRSKarenRN on Apr 20, '13
    mzaur and Meriwhen like this.
  5. 0
    Quote from NRSKarenRN
    Expungement for general public works differently when one is then perusing a LICENSED position. Granting a license to practice a profession involves a duty by the state to protect public safety. Boards granting licenses therefore have access to juvenile records ans expugements. Licensure of Nurses: An Integral Part of Public Protection

    Boards of Nursing look at entire application and are looking to see how person has changed their life to be a valued member of society when juvenile offense has occurred.

    Further info:
    FAQ: Nursing Licensure With Criminal History offers info on legal effect of an expungement.

    National Helping Individuals with criminal record Re-enter through Employment Network
    Hello,

    I looked through the links you posted and cannot find info about BONs having access to expunged records. Are you sure that this is the case?

    I thought about doing a FBI background check on myself to see what would come up. I actually went through a Navy recruiter (thought about applying as a medical officer couple years ago) and was told nothing came up for me. I'm just reluctant to make a big deal out of nothing, so I'd rather not disclose my misdemeanor arrests from when I was 18 and 20 (petty theft and marijuana possession) [I am 27 now] which were both conditionally discharged and expunged. I doubt that I'll even be able to find court documents pertaining to these arrests, which I'm sure BON will want if I disclose them.

    But if BONs really have access to expunged records, what can I do? Now I have to hope that I don't get adversely judged and my whole career affected due to making a few mistakes over 7 years ago.
  6. 1
    State agencies (BON, law, etc.) have permanent access to expunged criminal records. And even if they didn't, every BON requires you to self report convictions, even if 'expunged'. Most even require you to report arrests that did not lead to conviction, and any charges that were dismissed. As far as the court records, you will certainly have to send them to the BON, so the sooner you locate them, the better. The BON will probably want the arrest reports themselves (from the poluice department), and all the court documents leading up to conviction, sentencing and completion of sentancing requirements, and the records involved with the expunging. It ain't pretty. Whether you get a license, and then have to disclose those expunged convictions when applying for jobs, is something a lawyer can help you to decide.
    mzaur likes this.
  7. 0
    Thanks. I guess that's what I have to do then.

    I've been reading around and it seems to be the general consensus that a couple of misdemeanors from longer than 5 years shouldn't preclude someone from licensure. But i'm still a bit nervous given that I'll be applying for RN+MSN programs this coming fall. Should I contact the BONs of each school's state to see if I'll have any issues?


Top