Getting a California RN License with a Criminal History: Misdemeanor

Nurses Criminal

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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. :nurse: 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) :banghead:

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. :up:

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 :madface:

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"

Hi I'm confused as to what to report as a "conviction" I received an open container in California as well which was sited as an infraction and did not know I would need to report this to the board prior to taking my nclex? From what I understand this does not show up under your "criminal" record but rather driving record which I'm assuming the board does not look at. Would i need to do all those supplemental documents just as you Have?!

Hi thank you so much for this post! I've been searching to find a similar story! I truly need help and I'm uncomfortable to go a step further in telling someone I know to proof read my story or written explaination of what happen. Is there anyway I can contact you to help me with the process, such as proofreading my essay for the board and such? Please let me know. Thanks!

Thanks cheethaj for this post. I just received my denial letter in the mail. One thing I noticed is that they sent me a page from my livescan which only had two of my prior convictions and not the five that I have. I was researching tonight and just found a post that said to do your own livescan first before disclosing any convictions because not all crimes are federal. Boy do I wish I would've seen that post before I disclosed all my convictions. Now I am kind of stuck. I know I want to appeal and do the stipulation but should I try to expunge my record first? Or just go through with the stipulation and see what happens? Now that the BON has convictions that the FBI didn't have on my report what will happen? Will they add those crimes to my file or discard them as the DOJ didn't disclose those?

Hi cheethaj, thank you for sharing your experience with DON. I know you have been getting a lot of requests to have your letter emailed, but!!! Can you please email me your letter? I have no idea how to even begin writing mine. My email is: [email protected]

Thanks! :-)

Hi Cheethaj,

I have a question concerning the letter you received from the BRN. I sent my documentation regarding the disclosure of a previous expunged misdemeanor to the Board of Registered Nurses at the following address:

Board of Registered Nursing

ATTN: Licensing Program

1747 North Market Blvd Suite 150

Sacramento, California 95834

I mailed the documents certified and they were delivered March 8, 2016.

On April 25, 2016 I received a letter from the Board of Registered Nursing Enforcement Unit asking me to send in required documentation. It states, All documents and letters should be mailed directly to the Board of Registered Nursing, and addressed to my attention. Please include your file number on all correspondence that is sent to the Board.” Then it goes on to state, YOU DO NOT NEED TO RE_SUBMIT INFORMATION OR DOCUMENTATION THAT YOU HAVE PREVIOUSLY PROVIDED.”

My question is, do I need to re-send the information to the Board with Attention Enforcement Unit, rather than, ATTN: Licensing Program..

What are your thoughts? Did you resend your documentation after you received that letter?

Specializes in none.

Hello Cheethaj! Thank you very much for your post, needless to say it gives me hope! I am no saint, nor do I believe that defaults me into a bad person, although I have had made some unforgettable mistakes. Therefore, in the transition of finishing school and applying for my license, I wanted to get some tips, and possibly a copy of your letter of explanation to help guide me through this stressful situation. Thank you again for this wonderful post and it makes my heart soar that you are a practicing nurse :) [email protected]

hey cheetahj... or anyone else that may be able to give me some info..

I'm currently trying to get INTO a nursing program here in Cali. i have an expunged criminal record which includes misdemeanor of petty theft from 4 years ago and has been expunged for 1 and a half- maybe 2 years.. i have been trying to get into school for maybe 1 year and a half. and i haven't really gotten to the point of the application process where they've asked if I've ever been convicted of a crime. so far I've been denied maybe because i am not the best candidate in terms of compaction and so on. Any way... when and if i ever get the chance to be accepted and to come in for an interview and all that .. i would just like to know how you came over that and got into your nursing school with your criminal background? and were able to do your clinical? did you disclose that info right off the bat during your interview or was there a background check conducted during the application process before or after you were accepted? and when and if they found out about your record... what happened next? did you explain it to them ... i guess, overall, I'm asking: if the nursing school I'm applying to finds out about my situation...what do i do then? how do i still make myself look good to actually GO INTO the program. Ive read all the posts and know what to do AFTER i graduate from nursing school... but know so little of how to actually get into one with my criminal background.... appreciate any help i can get.

Hi Cheethaj,

Thank you so much for posting your success story, I badly needed it to give me some enlightenment, I just finished my LVN program waiting for my ATT but the BON is requesting certified court orders of my DV case back in 1997 that was recently expunged and a letter of explanation, this is where I'm having problem with, can you please share your letter of explanation just to have an idea as to where and how to start my letter, also do I need to send them reference letters (BON letter did not require it, but I wouldn't mind if it will help :) ) my email address is kathleenford123@yahoo. com, again thank you for your kind heart, for somebody like me who at the age of 50 went back to school to achieve my dreams and for a brighter future for my children, your deed was truly appreciated. I wish you all the best...

Hi,

Thanks for sharing your story. It really gives hope to us who are going through the same issue.

Anyway, Just wondering if you had to disclose your convictions when you applied for the nursing program and as a CNA at work. I am going through the same issue, however, every time i check my criminal records through FBI, nothing comes up under my name. I did what the judge asked; probation and community service and when i completed and went back to the court, she said that my file is going to the trash, learn from my mistake and think that it never happened. But i know that when applying for healthcare related program and for licensing, I have to disclose everything which i have no problem. I just need advice if its necessary to disclose the convictions when applying to the program. Im worried the school wont consider me since i have history. I need advice. I hope i can still pursue my nursing.

By the way, great job and i am happy for you. Any advice will be helpful.

Hi, I am just reading your post today. Can you tell me about how the background for clinicals went for you. Being that those charges were so old, did they even come up or cause a hurdle for you to participate in clinicals. I am more concerned with that considering a previous program was denying me so I am moving to CA to attend another school.

did you have any issues being clear for the clinical background check? Being that these charges you had were so old and I think nursing school background check is for the past 7 years.. did they not show up at all for that background check?

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. :nurse: 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) :banghead:

-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. :up:

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 :madface:

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"

may i have a copy of the explanation letter [email protected]

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