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"

What if it is something outside the state of California?...like a petty theft 10 years ago...? At my nursing school we had to have a background check done in order to do our clinical rotations at hospitals in the L.A. area.

Specializes in Public Health Nursing.

Goducks21,

I'm unsure what you are asking. Are you asking if you have to report the petty theft incident? If so, the answer is yes. If you are asking if you need to get court documents for the offense then the answer is still yes. You could try and call the court and ask them to send the documents to the board with your nursing application ID number. Hope this helps.

Hi Cheethaj,

Ty for posting this. I am currently going through something similar. I'm starting school and will take me 4 yrs but was really reconsidering because I thought I was doomed for the rest of my life because of one mistake 12 yrs ago (misdemeanor petty theft, was expunged). Now I'm hoping it will be ok and I should just continue to invest the time and money towards my dreamed career.

Specializes in Public Health Nursing.
Hi Cheethaj,

Ty for posting this. I am currently going through something similar. I'm starting school and will take me 4 yrs but was really reconsidering because I thought I was doomed for the rest of my life because of one mistake 12 yrs ago (misdemeanor petty theft, was expunged). Now I'm hoping it will be ok and I should just continue to invest the time and money towards my dreamed career.

Aloha oceansaway,

It was my pleasure to write this post. When I was deciding to go to nursing school, I was surprised on how little there was about people getting their nursing licenses with misdemeanors like petty theft. I wished someone had taken the time to post and so when I graduated and got my license, I decided that I owed it to everyone out there to share this. I know how frustrating it can be with a criminal history, but as long as you keep on truckin' and don't mess up too much more then things will turn out just fine. I wish you the best of luck in your schooling and nursing school in particular. It is challenging but well worth it and since your conviction was 12 years ago and expunged then I think you have a better chance of getting a license then I did. Mahalo for your post.

Thank you so much for this information!! As for me I too have the "petty theft" young and dumb incident haunting me. Your story really gives me hope... Just curious what is/was your position at the hospital(1 1/2 job). And if anyway possible could you please email me your letter as an example. My email is [email protected] once again thank you for writing out how you got your license.

Specializes in Public Health Nursing.
Thank you so much for this information!! As for me I too have the "petty theft" young and dumb incident haunting me. Your story really gives me hope... Just curious what is/was your position at the hospital(1 1/2 job). And if anyway possible could you please email me your letter as an example. My email is [email protected] once again thank you for writing out how you got your license.

Email sent

can you e-mail me as well? i can't send pm's :/ [email protected] i have a couple of questions regarding your expungement. im planning to be a nurse and i don't want to waste my time or be in debt if i'm not going to be hired at all.

This thread was such a huge help to me when I was trying to get everything together during the last few weeks before graduation. I wanted to share what tickets I had with you guys to shed some light.

-Open container ticket in 2009 (non-moving traffic violation infraction) This was the one that had my stomach in knots and I lost sleep over. I couldn't afford the fine and it doubled and went to collections. It wasn't fully paid until 2012

-Carpool violation 2010 (crossed the double yellows to cut in). Traffic infraction. Paid in full on time

-Speeding ticket 2012. Traffic infraction. Paid in full on time.

The things that helped me were starting early and being 100% open and honest with the BRN. I started about 10 weeks before applications were due. You will have a lot of places to go to attempt to get documentation. The courts had NOTHING on file for the open container. No known record of it even happening. I still included it. Luckily I had my receipt of when I paid in full, but I know it can be tempting to exclude things you are embarrassed of. Well I was beyond embarrassed of that darn ticket and the whole incident surrounding, but it was a clear cut learning experience for me.

You may have some trouble getting letters from police stations, so I brought the packet with me everywhere and showed them what they were asking of me. Its hard for them to give you a report for something that never warranted a report, but if they are nice they will type you out something on letterhead.

I wish you all the best of luck, it was a tough time gathering everything and of course waiting for authorization. I'm proud to say I was 100% honest, received ATT (about 2 weeks later than classmates with no tickets), took boards, passed, and have my certificate from the brn as well as my license card.

Specializes in Public Health Nursing.
This thread was such a huge help to me when I was trying to get everything together during the last few weeks before graduation. I wanted to share what tickets I had with you guys to shed some light.

-Open container ticket in 2009 (non-moving traffic violation infraction) This was the one that had my stomach in knots and I lost sleep over. I couldn't afford the fine and it doubled and went to collections. It wasn't fully paid until 2012

-Carpool violation 2010 (crossed the double yellows to cut in). Traffic infraction. Paid in full on time

-Speeding ticket 2012. Traffic infraction. Paid in full on time.

The things that helped me were starting early and being 100% open and honest with the BRN. I started about 10 weeks before applications were due. You will have a lot of places to go to attempt to get documentation. The courts had NOTHING on file for the open container. No known record of it even happening. I still included it. Luckily I had my receipt of when I paid in full, but I know it can be tempting to exclude things you are embarrassed of. Well I was beyond embarrassed of that darn ticket and the whole incident surrounding, but it was a clear cut learning experience for me.

You may have some trouble getting letters from police stations, so I brought the packet with me everywhere and showed them what they were asking of me. Its hard for them to give you a report for something that never warranted a report, but if they are nice they will type you out something on letterhead.

I wish you all the best of luck, it was a tough time gathering everything and of course waiting for authorization. I'm proud to say I was 100% honest, received ATT (about 2 weeks later than classmates with no tickets), took boards, passed, and have my certificate from the brn as well as my license card.

Thank you for sharing your insights jmiraRN. I like how you brought in your packet to the police stations to show them what you were talking about. I got a couple weird looks when I went to one of the police stations too. Also interesting that you noticed that your ATT took about 2 extra weeks, not too bad when you think about it. I agree, honesty is the best policy and the BRN seems to respect that.

Cheethaj hi well I sent in my stuff last week and now it's the waiting game thanks for the well wishes I cried leaving the post office I'm just so emotionally invested. Prayers and positive thoughts are appreciated I will update when I hear and thank again your thread really is so helpful

hey cheethaj,

i had a question for you. I recently was convicted of felony Grand Theft back in late January of 2013 and currently still have about two years of probation left. i was thinking of going to college and get a bachelors degree in nursing cuz that would take about 4 years of shool n give me time to get off my probation and expunge my felony off my record n find voluntary work at nursing homes with my aunt so i can show some improvement and some experience in that field that i would want to work in. so im asking with all that i have said do you think the BON will still allow me to get my nursing license? cuz i wouldnt want to spend time n money in this field and not get a license for a dumb mistake i made. any advice or help you can suggest id truly appreacite it or even if you can email me at [email protected] about your own experience and tell me how you handled it.

P.S. i just want to add that was my first and only time i had a problem i had with the law. i have a good record besides that grand theft felony.

Specializes in Public Health Nursing.
Cheethaj hi well I sent in my stuff last week and now it's the waiting game thanks for the well wishes I cried leaving the post office I'm just so emotionally invested. Prayers and positive thoughts are appreciated I will update when I hear and thank again your thread really is so helpful

You got this! But prayers going out anyway. haha

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