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"

Specializes in Public Health Nursing.
Thank you for sharing your story. I am getting ready to graduate in Dec 2014 from nursing school and must explain my criminal background of a DUI from 2001 in the state of PA. I would like to say that I have always been forthcoming with my DUI even when I applied to nursing school so I would always advocate for honesty. My school was wonderful and I did not have any issues with my clinical sites. I am in the process of obtaining my letters of recommendation from instructors and a previous nursing supervisor where I work now. I would love if you could send me your letter to use as a guide for my letter of explanation for the PA Board of Nursing. I really appreciated reading this and hearing of your success. I would love to hear if anyone has had any issues with being allowed to sit for the NCLEX in the state of Pennsylvania and what the process is for submitting paperwork. My email address is [email protected]

Good job Elisha_V,

Being upfront really seems to go a long way with the BON plus your offense was back in 2001. I wish you the best of luck. I'm not too sure about Pennsylvania's policies but I'm bet they are relatively similar to California's. Let me know if you have any questions.

Hi All

These posts are really providing me some comfort right about now. I'm in my 4th semester of my nursing program and we are set to send off our application to the BRN. I'm 36 years old now and I have two misdemeanor's

1- From 1998 when I was 19 I got a Minor in Possession of Alcohol (16 years ago)

2- From 2000 when I got Disorderly Conduct- Disturbance (Partying on a boat, loud music, bad language in quiet area) - 14 years ago

Nothing since then. I'm really nervous about all this especially with being so far into my education! What are your experiences that you can share??! Do you think the California BRN is going to let me become a RN?

Thank you

Specializes in Psychiatric Mental Health, Addiction, RN-BC, CARN.

If you know the school you will be attending, I advise you speak with the nursing clinical coordinator about your situation. The person in the school of nursing tasked with arranging clinical assignments will have the best insight and direction to share with you. The reason is, that more than likely, limitations are based on requirements of the facilities where clinical placements are made. Do not speak with a general admissions counselor if at all avoidable. Your situation requires very specific knowledge. Additionally, know what your state's laws are regarding expungment for a felony. The requirements and allowable offenses are different than misdemeanor expungements.

Hello can I get a copy of the letter that you sent. Thank you very much!

Hello can you please email me at [email protected] a copy of the letter that you sent off! Thank you very much

Specializes in Public Health Nursing.

E-mail sent mcarroll789. Let me know if you have any questions.

Hello CheetahJ.

Thank you so very much for posting this topic. I am graduating from a ADN program in CA in May '15. I hold a BA in psychology and would eventually like to be a NP. First things first though, I need to get a RN license and continue schooling. I am very worried that because of past mistakes I will be denied a license. Reading your story and several others gives me hope, however it seems that there will be an uphill battle to get licensed. In 1996 I got a DUI in Texas for driving after taking RX vicodin. In 2002 I got the same charge in CA. I swerved a little each time (no alcohol involved though). Each time they asked if I had been drinking and "said no, but I took my vicodin" (the stupidest thing I could have done really). I have had no trouble since 2002, however, it is still 2 DUI charges to contend with. I am going to look into getting the CA charge expunged, but I don't think TX offers the same option. Both times these were my prescribed meds for back pain that I have since stopped taking many years ago. I went to AA for several years and worked steps with a sponsor. I have not been to AA for a while but I am still "clean". I have never been a drinker so don't have issues there. My question is how much do I disclose to my nursing DON ( they asked us to disclose anything first semester but I was too scared to do so). I am going to meet with her next week. Do i just state that I was arrested twice for this charge or do I go into how I sought recovery and now have 11 years? I have not worked in over 10 years (stay at home mom) so I can't get reference from employer, but I can ask for reference from neighbors, old sponsor, physician friend, instructors. I am unsure of how much to disclose to BRN as well, but it sounds like more is better. I just hope that the fact there are 2 charges isn't the kiss of death with BRN license. If anyone has any advice or words of wisdom, I would appreciate it. I am going to start my letter over winter break and would love it if you could send me the letter you used as an example.

My email is [email protected] if you could send your letter to me.

Thank you!

Hi Cheethaj and everyone else on this thread. Well it's finally time I'm so excited my license was approved! it is probationary but I don't care I haven't been in trouble in forever and have no plans on being there again. I will go on and tell my story in a post so hopefully it will help someone as much as this thread helped me. So fabulous Merry Christmas

Hi poppykai sounds like its been awhile and I know that for me I was totally upfront and honest as was cheethaj. They take into account how long it been and all you've done after. Get letters from your instructors if you can. I waited till the end of my last semester to ask for those actually till like the last week of school because I didn't want them to see me any differently and I was so blessed that they were just the sweetest women and gave me letters of recommendation without a second thought. I didn't need to be specific just that in my past I was not the person I am today and if they could please write a letter to the BRN of the person they see before them. I was not the 1st letter they wrote and I won't be the last. Even the Director of Nursing wrote me a letter. I got one from my pastor another from a friend that is an addictions counselor and my own letter which was like pouring my heart out on paper. They truly take it case by case I've seen people with lesser charges be denied and people with harsher charges be approved because it all depends on the person and what they have done in their lives now. Get fingerprinted for yourself just get all your papers together early. I know its in the thread but just in case you need your arreast records and if they dont have it cause its to old then get a letter from the arresting agency stating its been destroyed and everything has to be certified. Get your court documents but again yours are to old so get a letter from the court that its to old and has been destroyed certified. In your letter you have to say I was arrested for charge xyz which is stealing or dui whatever it is. Get your expungement done ASAP its easy and only takes 2 weeks to be heard. You still have to disclose it but at least it shows the courts were willing to remove it. Finally as my DON said give them what they ask for period.

Greetings cheethaj. May I please have a copy of your letter of explanation sent to the BON? My email is [email protected]. I'm starting the process of applying for my license, and currently getting all of my paperwork together. I was had a case of petit larceny, 3-4 years ago, which was dismissed. I also have an illegal parking misdemeanor which I'm not sure if I have to disclose. I will update this thread of my status throughout the process so that I can contribute to this thread in regards to what happens to people with criminal backgrounds.

Anyone know how to contact the BRN enforcement where someone actually replies? I also received a letter stating "Please note: Due to your disclosure of previous discipline or conviction, your application will require additional processing time."

First of all i didn't click to disclose any convictions when I filled out my application because I don't have any convictions.

I called the BRN and spoke to a lady and she said there is something on my record and transferred me to enforcement to leave a message. Do they respond and can actually talk to someone who tells you what it is?

The only thing that may be on my record is In 2000 when I was 19 I was going to join the Navy reserves and I didn't follow through. 3 years later they brought me in to get discharged. There was no conviction or anything so I don't know why that even would show on my record. I also had this issue when I was going to be doing clinical at a county facility. They didn't approve me but asked for explanation and then approved me. Would be nice to know exactly what pops up on my record as I have been cleared to work at the VA 3 times now and I never have any issues there.

Jchw81 yeah it's hard to get them to call back as a matter of fact unless you have a letter from an enforcement persons name your vm goes into a general mailbox. Your best bet is to get a livescan done for yourself. It doesn't take long about a week to get the result then you'll know what's there.

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