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"

[txbluebonnett]

I received deferred adjudication in Tx 10 years ago for a felony possession charge which was discharged in 2006. I've never been convicted, however it still shows on a background check and Tx law doesn't allow for expunction. I have worked in the medical field most of my life. I have gotten a determination from another state board in another medical profession that would allow me to sit for licensing, but have really been considering nursing. I'm fairly sure the Tx BON would grant me a declaratory order and I could get into a nursing program, however; my concern is with the clinical sites and whether they would let me do my clinicals? If anyone has any experience on this I'd really appreciate the feedback. Thanks.

[blueorchid981]

I had a DUI which was reduced to a Reckless Driving conviction. I am wanting to endorse to CA in a few months.

Do the letters of reference need to be specifically in reference to the criminal record?

If it was alcohol related, what else has to be completed?

Any help would be greatly appreciated!

[db2xs]

Do the letters of reference need to be specifically in reference to the criminal record?

According to the BON (I called), they said ideally it would be best to get someone who has known you since the time of arrest and can attest to your changes and efforts to get better, e.g., a counselor, AA sponsor, etc.

Otherwise, you can also send letters from people who can attest to your character.

[cheethaj]

blueorchid981,

I am unsure if all of these rules apply to people filing for licensure by endorsement, but I assume they are because CA if pretty strict. How long ago did you get the DUI and why was it reduced to reckless driving? As for additional documentation, you will need to ask for the arresting department to include your blood alchol level on your arrest report. As db2xs said, you should ideally get letters from people that know about the incident and can attest to your changes. If you can find an AA counceler or a probation officer willing to write you a letter then I think that would give you the best chances of getting your license. When I got my letters from my supervisor and the trauma nurse, I told them about the incedent just prior to them writing the letter. They were both more than willing to write the letter because they liked my work ethic and they didn't want to see me not get my nursing license because of a prior conviciton. Best of luck to you and keep up the hard work.

[cheethaj]

txbluebonnett,

This reply does not constitue legal advice, but I took a quick look at some TX law stuff. What I gathered is that you received deferred adjudication so that you could avoid some of the consiquences of doing a straight probation. You finished your probationary period in 2006 and you do not qualify for expunction. What I did see is that you can file for a order of nondisclosure 5 years after discharge from deferred adjudication and it looks like a felony possession charge should apply because it is not on the list of exceptions that I see. I'm not sure if you have already tried this, but if you haven't then it looks like a good option for you. Here is a link to the website. > Office of Criminal District Attorney - Hidalgo County, Texas - Petitions for Non-Disclosure

Good luck and keep up the hard work.

[txbluebonnett]

txbluebonnett,

This reply does not constitue legal advice, but I took a quick look at some TX law stuff. What I gathered is that you received deferred adjudication so that you could avoid some of the consiquences of doing a straight probation. You finished your probationary period in 2006 and you do not qualify for expunction. What I did see is that you can file for a order of nondisclosure 5 years after discharge from deferred adjudication and it looks like a felony possession charge should apply because it is not on the list of exceptions that I see. I'm not sure if you have already tried this, but if you haven't then it looks like a good option for you. Here is a link to the website. > Office of Criminal District Attorney - Hidalgo County, Texas - Petitions for Non-Disclosure

Good luck and keep up the hard work.

Thank you for the reply. Yes, I am eligible to file a petition for non-disclosure and that would seal my record from the general public. However, state licensing agencies, medical entities, and several others would still have access to the original record. I would probably need to speak with the nursing program directors in my area to see if their clinical sites would accept me. I am just curious if anyone else here has been in this situation and if they were able to complete their clinicals?

[libbyswin]

Cheethaj, thank you for all your hard work doing this. Hopefully you can help me a bit here.

I am 48 yrs old, will be 49 in October. When i was 18 i was married to a very abusive mad (he spent 25 yrs in prison for raping a woman and molesting a little girl ) He had been beating me often, but when you called the police back then they told you to work it out and would just leave you there...not good. Anyway one day he had "found" a debit card and used it while i was in the car. At that point I didn't care what he did anymore (ofcourse i had no ideal he was a rapist!!! or a child molester!!) I wouldn't have argued with him about the time of day. Anyway, he was arrested for the rape a few days later. About a month after that a policeman came to my door with photos that included me standing at the ATM. They said i had to turn myself in. I admitted to knowing about it and being there and was charged with theft by credit card, which was a felony. They subsequently took pity on me and reduced it to a misdemeanor but it still says "theft by credit card". I recieved 1 yrs probation. About 2 yrs later at age 20 i got caught shoplifting. I'm very very embarrassed by all of this btw, to even say it in this forum is hard for me. I'm most embarassed by the shoplifting. I was 20, old enough, and not good at it lol, i stole a 3 dollar skirt for my baby that was marked down on clearance. I was ticketed, and paid a fine, never went to court, nothing really happened. I have paid for my records in TX (where you can pay 2.00 and look on line) it shows my first conviction and my mug shot, but nothing about the shoplifting. In texas they tried to deny my licensure when i was 31 yrs old because of moral turpitude. I had to take the state board to court. I won but they put my license on restrictions in that I had to work in a Drs office x3 yrs and go to counseling. At that time i felt it was a life time ago, but i did those things. My new employer is requiring me to get a Cali license. I'm scared to death. I told them about the "theft" misdemeanor when i was 18, they didn't ask for details. I did not tell them about the shoplifting issue, and to be honest I probably didn't mention the stipulations on my license at the time because most employers ask if your license has ever be put under stipulations for MISCONDUCT. I have never been in trouble with my license only put on stipulation when i first obtained it, but not for any misconduct. Anyway...These things were 30 yrs ago! I can not get my papers they are asking for. I live very far away from the place it all happened, and it's atleast an 8 hour drive, then I'd have to hope they can give it to me. Letters??? I have no one who really knows about this stuff left in my life, and i've only been at my job for 3 months. Now you have me nervous about a traffic ticket I recently went to court for. It was me going thru a school zone on the way to a work class. I worked nights so was unfamiliar with a church that is also a school. I had taken a detour that day and evidently was going the regular speedlimit which was about 20 miles over the speed limit for the zone. ugh. I cried like a baby! That ticket was 301.00 (ofcourse) and it was reduced to 201.00 in court. I got deferred adjudication. Would this count?? Also i know back when it just became law to have insurance on your auto, i got a no insurance ticket somewhere, like 30 yrs ago..but don't remember how much it was.

Question is, if this stuff is THAT old, im talking wayyy before computers, then how do i get them? And what if i can not get them?? Also the cali site says i have to contact the department of justice. Is that the US DOJ or the Texas DOJ?? Texas DOJ doesn't require your prints, and its an internet search for pay.

Any advise would be sooo helpful. I have degenerative arthritis and am working from home doing triage for places like Humana and such, because I have trouble standing for long periods of time. I can not lose this job. It is a REQUIREMENT that i get a cali license asap. I'm so lost I don't know what to do. Esp with the shoplifting charge. I have no idea if it was ever filed, as back then you got tickets for stupid stuff like that (3.00 items) i never went to jail ever. If it's not there, should i ignore it, because i may never find any documentation on that. Again that was before computers, all stuff was on paper back then!

[libbyswin]

Txbluebonnet, get some good advise. The Tx BON really fought me on 2 misdemeanors, and honestly back then no one ever told on themselves, i was being honest (again before fingerprinting became in). I was held up on my license for 3 yrs and then spent 3 yrs forced into counseling for something I had already had a years worth of counseling for (the abuse) and force to work in clinic only setting for 3 yrs. It is because of me that they now say they look at "age of the applicant at time of crime" because back then they didnt care if it was 30 yrs ago or 3 days ago, you were 19 or 59. I think, hope, they do look at "juvenile indiscretion"...which is what they call it now. I got a letter from my lawyer stating the judge who heard my case threw that to the board members to consider next time they wanted to drag "a good little girl thru hell" ..quote.

[cheethaj]

Hello libbyswin,

I am sorry about the late response, I haven't been checking allnurses lately. This post does not constitute legal advice but hopefully it helps.

I'm sorry to hear about your abusive relationship and the struggle you went through with the TX nursing board. I am not sure where you got your theft by credit card and shoplifting charges but the municipal courthouse in the county where it happened should have your official court documents on file even if it were before computers existed; they may have to go into a special archive. If the courthouse is far then I would try to contact them and see if they can send official court documents to you or directly to the California department of nursing (Be sure to include an application number with the documents so they can include it with the rest of your application). As for the incident reports, it may not be possible to get them but you could try contacting the police department that gave you the citation and see if they can get it on file. If you can't get the records then I would just make sure to include your attempts to get the documentation in your letter to the CA board of nursing. I wouldn't withhold information from the board because then they can deny your license. As for the traffic tickets, I wouldn't worry about them because I don't think they would deny anyone a license for a couple of traffic related offenses. Finally, I think you have to get a livescan fingerprint with the CA DOJ or send in a fingerprint card so either way they are getting your finger prints.

When you write your letter I would really emphasize how different your life was when you got the charges and how counseling helped you (whether or not it did). As for letters, I had to tell a few people about my charges and after I did they were more than willing to write me letters. I find that honesty is the best policy because everyone makes mistakes and you have matured much since your youthful indiscretions.

I wish you the best of luck and I hope that you are able to get your California nursing license. If you have any more questions let me know. I will be check my allnurses account more offten.

John

[La Cubanita RN]

Hi [COLOR=#003366]cheethaj I'm so glad you posted this OP I am set to graduate in December so I thought I should get started. I have a couple of things in my past so I want to make sure I'm prepared. Did you get a copy of all court documents or just specific pages because that's a lot of pages? Also I am going to the DMV because I have no idea of the tickets I've had I just know I've had them. We have to go back a lifetime with that as well I take it. Thank you in advanced.

[cheethaj]

Aloha Gizelle22,

First of all, congratulations! It is good that you are preparing now. That will give you plenty of time. As for the court documents, each conviction only had 2-3 pages each so it wasn't much paper. Then they stamp the pages and sign the stamp. And yes...you need to dig up stuff from your whole lifetime which is pretty crazy when you think about it. I wish you the best of luck on your last quarter/semester, NCLEX, and getting your license.

[CentralF]

Hi jmira,

I am sorry about the late response; I've been out of country. I gave a purpose statement then I mixed the facts about my convictions with lessons learned for each one. Finally, I wrapped it up at the end. If you send me your e-mail then I can send you the actual letter that I wrote. I can't send it via private message because I haven't posted 15 times yet.

John

Hi Cheetha, I will be done with my nursing classes soon and am in the same boat as u once were... I made a mistake and got under the influence of a narcotic 7 yrs ago.... Now I will try my chances with the board... I'm not the same person i was back then, im terrified of having ruined my nursing chances....but seeing ur success has given me hope! If its not too much of a bother could you plz email me the letter u sent in so I can get an idea of what to write?? My email is [email protected] I would really appreciate it thanks bunches!:)