Getting a California RN License with a Criminal History: Misdemeanor

[cheethaj]

Disclaimer:

This topic is for informational purposes only and should not be considered legal advice. This is simply an account of my experiences with the California Board of Registered Nursing. Individual situations will vary depending on:

1. The nature and severity of the crime
   
2. Evidence of any acts or crimes committed subsequent to the crime under consideration
   
3. The time elapsed since the crime
   
4. The extent that you complied with parole, probation, restitution, or other lawful sanctions
   
5. Evidence of rehabilitation
   

Background Information:

I'm a 26 year old male applying for my RN license from the California Board of Registered Nursing in December 2012. I attended a California State University for 4 years to get a BSN degree. I have been working in the emergency department of a hospital for 1 1/2 years; great place to get experience and references.

Prior convictions include:

1. Theft of personal property in 2004 at the age of 18 (8 years ago)
   
2. Open container in 2004 at the age of 18 (8 years ago)
   
3. Basic speed law in 2010 at the age of 24 (2 years ago)
   

I expunged my theft of personal property charge in 2008 after a three year probation. I highly recommend expunging your record after you serve probation even though you have to report it to the BRN and any government agency. This is because it looks good to the board and after you get your license you usually don't have to report the crime when applying for a job. For California expungement information go to: http://www.saclaw.lib.ca.us/pages/expunging-criminal-records.aspx

I got my speeding ticket dismissed after completing a trial by written declaration. I also highly recommend trial by written declaration for tickets because all I wrote was "I am not guilty" and because the cop didn't write a response, I got back all my money and got the ticket dismissed.

The Application Process:

Applications are relatively straightforward for the California Board of Registered Nursing until you get to the prior convictions section. You got your work cut out for you if you have any convictions and this includes tickets over $300 and yes...even things that were expunged or dismissed.

When completing the California BRN prior convictions section it is on you to get all the documentation needed and organized so I suggest starting early so that you can have things ready before you graduate and so that you don't postpone your application too much. For this section I organized it in the same order as it is listed on this guideline on the California BRN website. Enforcement Applicant Desk

Prior Convictions Section of the Application:

1)Letter of explanation: This must be very well written so make sure it is proofread (unlike this post) and make sure to include: circumstances surrounding the arrest(s), convictions(s), and/or disciplinary actions(s); the date of the convictions, the specific violations (cite the law if convicted...i googled it and cited it as a footnote), court location, sanctions or penalties imposed and completion dates. Also include what you have done since then regarding your rehabilitation and why you want to be an RN. I also included the roles of an RN to show that I know what my roles will be. Make the letter sincere and show how you have grown out of this experience.

2)Arrest/Incident reports: These are NOT court documents and you cannot get these at the court house. You literally have to go to the police station and request one; even then, they may not give you one. It cost like $8 for mine. Make sure it is stamped and/or signed

3)Certified Court Documents: You have to go to the court house in the county you were arrested/cited and get the documents from the office of records: It cost me $25 for each one (x3) plus a charge for the paper used to print them; so, this cost me like $79. Ouch

4)Evidence of Rehabilitation: Here I just put my documentation that I completed my probation, I got my record expunged, and some volunteering experience.

5)Reference Letters: These will take a while to get depending on the people you ask. I included 3 letters. One from a trauma nurse, one from my nursing supervisor, and one from a dentist that I know and that I have volunteered with in the past. Someone suggested that I get one from a nurse, one from a clergy member, and one from a political figure if possible but, I didn't really know the latter two people. I didn't need to include alcohol related letters because I didn't get a DUI, I only got an open container ticket. I wasn't actually drinking and driving but my friend was drinking in the car so that is how I got the ticket.

6)A work performance evaluation. This will take a while to get depending on your supervisor. This doesn't need to be nursing related but mine was because I've been working in a hospital for 1 1/2 years.

Waiting for a Reply:

I sent my completed application in on 12/5/12.

I got a letter 15 days later that said "An evaluation of your application for examination indicates that the following items and/or information are required to complete you application. Due to your disclosure of previous discipline or conviction, your application will require additional processing time. A FINAL DECISION REGARDING AN ENFORCEMENT CASE FILE CANNOT BE MADE WITHOUT THE FOLLOWING DOCUMENTS - REFER THE ENCLOSED NOTICE FOR DETAILS. If you have already addressed the checked item(s) above, please disregard this letter." Enclosed notice was this link: http://www.rn.ca.gov/pdfs/enforcement/appdocs.pdf...but I thought I turned everything in. Well, actually I did but I guess they just sent this to confuse me.

I got a letter 15 days after that that scared the :poop: out of me at first but it turned out to be a good letter. It read:

"The board of registered nursing (Board) has completed its review of your conviction history. The conviction(s) you sustained is/are considered substantially related to the qualifications, functions or duties of a registered nurse. Business and Professions Code Section 480 authorizes the Board to deny a license for conviction of a crime substantially related to the qualifications, functions and duties of a registered nurse. However, when considering the denial, suspension or revocation of a license, the Board considers criminal history, mitigating or aggravating circumstances, evidence of rehabilitation and other criteria to evaluate the licensee's or applicant's present fitness or eligibility for licensure. The Board will not pursue any disciplinary action against you at this time. Your conviction history information has been reviewed and returned to the Licensing Unit to continue the licensure process. A licensed registered nurse is responsible for being honest and ethical. Future substantiated reports that you have engaged in similar behavior, been convicted of a crime substantially related to the qualifications, functions and duties of a registered nurse or otherwise violated the law or regulations governing you practice as a registered nurse may result in disciplinary action against you license."

I got my eligibility notice to take NCLEX 4 days later. YAY!!!

I took my NCLEX-RN and just found out I passed first try.

I hope this helps somebody out there. I know from experience how nerve-racking it can be to have prior convictions but, if you stick with it you can become a nurse. I wish you all the best of luck because nursing is truly the best profession in the world. Oh..and thanks Board for giving me a chance to be a Real Nurse.

Useful links:

California BRN Website: California Board of Registered Nursing go to "Applicants" at the top, then go to "Licensure by Examination", then go to "Click here for additional information for applicants with criminal convictions or discipline"

[Vlad123]

Hi cheethaj. I want to say thanks for sharing your story. I believe there are many Nursing Students that are looking for information to help them through this process. I want to ask you if you can send me the letter you provided to the Board of Registered Nurses. I still have time before I graduate ( in December), but as you mentioned in your post this process takes long time. I want to be prepared and start early. Again, please share your letter, because I am concerned what to write to BRN. Thanks. My email address is [email protected]

[Lbfb]

Hi, would you mind sending me a copy of your letter to the BRN? I'd love to see what a successful letter looks like before drafting one. Thank you for your help! [email protected]

[theycallme_savage]

Hey!

I am currently looking into getting my CNA license, and was planning on continuing onto pursuing RN and dealt with a life changing arrest about 5 years back in 2010 that ended up being a Misdemeanor. I served probation, payed my restitution, and even had my record expunged. I am currently trying to pursue a career in the health field however I am worried about Livescan, and being judged by different programs and boards. I was under the impression with my expungement that I wasn't going to have to worry about the past anymore, however with reading these forums I have become to learn otherwise.

I just wanted to know, with your background and multiple charges, how was it that you were able to find work in a hospital? Did they fingerprint you prior to employment? And if they did, they your convictions pop up? Did they give you any problems? Its just disheartening to know that no matter what job or field I'm going to select that my background will continue to haunt me despite how minuscule the arrest was. I was arrested at 23 for Downloading and burning Xbox 360 video games (Piracy/Copyright Infringement). I paid EA games association restitution as well as the state, served probation, and was let off due to never having any priors or an arrest record previously. But ever since, I couldn't even get a job at some places even as simple as Subway until I was able to get the expungement.

Your story was inspiring to read. And I turn 28 this year. And I really just want to succeed. Any advice, that you could pass on would be greatly appreciated. I feel like despite something so trivial, and now so old, will continue to haunt my future unless I can get some accurate advice from someone who has actually succeeded.

Thanks in advance!

[kmpkmp123]

Cheethaj

Thank you for the informative post! I've been having a hard time as to where to begin with my letter to the brn. Would you be willing to send me your letter? I'd much appreciate it! [email protected]

[Josie, RN/LCSW]

A couple of things here. First off, do your own LiveScan prior to the one requested by the California BRN, and see what's on there. If something is not there - do not, I repeat DO NOT report it. They have no other means to find records (forget the FBI - they only keep record of 'Federal' crimes and most people's criminal histories don't fall into that category). The worst part is that, if you get turned down for a license, the BRN will make your name searchable by ANY search engine and then not only link it to your denial of license information, but also to the police reports they ILLEGALLY obtain when they become aware of the fact that you have a conviction. Even if the police report was thrown out of court (like the Part A's of many DUI's) they will still get ahold of it and put it on the Internet for all to see.

If you appeal and don't withdraw the appeal immediately upon finding out the horrendous (and impossible) things you have to agree to in order to get the okay to take the NCLEX, they will keep the link on the Internet for 10 years; if you withdraw your appeal, they will keep it there for a year, and even then you have to fight and threaten to sue if they don't remove it (and usually have an attorney contact them in your behalf).

Trust me, find out what's on your LiveScan before applying for ANYTHING. If you think your history has even the most remote possibility of getting you denied by the BRN, apply in another state whose applications aren't so "probing" (like states that only ask about felonies, or crimes committed within the past three years, etc.), get approved, take the NCLEX, pass, then worry about ways to eventually get the BRN to give you one in California. It's a shame we have to go to these lengths, but it's the only way you can meet the system on its own terms and possibly achieve the outcome you deserve.

[jrpena]

Hello, Cheethaj,

I was wondering if you wouldn't mind emailing a copy of your letter tot he board. I am in the process of trying to draft my letter but I am having a hard time knowing just how to word it. Thanks! [email protected]

[gigipege]

I submitted my application and did not mark any convictions because I was not arrested,or convicted, I thought, but was allowed restitution and my case was expunged(embezzlement charge). This happened 30 yrs ago. Since then a perfect record and have been working at a hospital for the past 15 yrs. Now the CA BRN has sent my file to enforcement. What will happen now. Im so nervous. I didn't think it was considered a conviction so I didn't report it. Will they still let me get my license

[ballerjo22]

i am applying to take my nclex lvn in california and i have an expunged misdemeanor for theft.can is it possible if you send me your copy of your explanation

[cheethaj]

Sent the letter jrpena. Sorry if it is too late. Good luck.

[cheethaj]

Sent the letter ballerjo22. Sorry if it is too late. Good luck.

[cheethaj]

Sorry for the year-long hiatus everyone. I will try to check the post more often.

[Mutagen]

Hi Cheethaj, thank you for sharing your experience here and staying active helping those who are in similar situations. I am unfortunately dealing with this myself and I wanted to ask if you could send me your sample letter of explanation. It would help me so much. My email is [email protected]

Cheers~