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 showed up for your clinical a the military thing? Then they might ask you to write them and explain it

Hi cheethaj. I would love a copy of the letter you sent in to the BRN as well. I, as many others I am noticing, am in a similar situation. I have a DUI I got reduced to a Wet and Reckless in CA on my record from 8 years ago. I am about to enter my last semester of nursing school and I am looking to get as much done as possible over winter break with collecting documents and such for my application since I know due to my past, review of my application may be delayed. However, it is comforting to hear from others on this thread that there is hope. Please, let me know if you are willing to send me a copy of the letter you sent to the BRN explaining your situation so I can give you my email address. I'd just like to have an idea of what I should write.

Also, does anyone know if I can just collect the certified documents I need and then send them off to the BRN when I am ready to fill out and submit my application or do I need the court as well as the arresting agency to send the information to the BRN themselves? I'm hoping I can just collect the documents myself, so I can have everything together and send it when I'm about to submit the application. I've heard the BRN is notorious for losing stuff. I don't want this to happen if my stuff is sent in too early.

Thanks for listening!

HELPPP! I was just acepted into a nursing program in San Diego. I am extremely worried about clinicals. From all of you with DUIs in your records, did you have a difficult time getting placed for clinicals? I got my DUI 2 years ago. I don't have any other criminal convictions and have not gotten into any trouble after that. Do any of you know what Hospitals are more likely to accept students with a DUI for clinical rotations? Have any of you been in this situation? I really don't want my career to stop before it even starts.... :(

Hi cheethaj ! Could you please send me a copy of your letter of explanation for BRN to [email protected]. I am in the process of applying to RN license in California and I have a misdemeanor charge from 2010. I'm struggling with explanation letter. Any help is greatly appreciated! Thank you

Hey Pandajunior....I am assuming you have completed most of your nursing program because you are applying for your License. Did you have any trouble being placed in Hospitals for your clinical rotations because of your misdemeanor?

Hi cheethaj. May I please have a copy of your letter of explanation sent to the BRN? My email is jsac101@yahoo. I'm starting the process of applying for my license, and I am currently gathering all of my paperwork. I have a DUI 6 years ago and it was expunged. I finish nursing school in April 2015 and hopefully I get my paper work together. 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. Thanks for all info.

Hi everyone. I am currently a nursing student taking the BRN-RN NCLEX exam in about a year. I have received a misdemeanor not too long ago, got arrested and fingerprinted but the case was discharged so no charge filed against me because i got a prefiling diversion program with no plea. So the prosecutor did not charge me. However, I do have an arrest/detention in my arrest record. What do I put on the form for the CA NCLEX-RN application? How have you guys done it? Thank you.

Hi Cheethaj thank you for your thread on writing to the boards and helping others who are in a similar situation. I am currently in the process of applying to the board and really nervous given my prior history. I would appreciate it if you could please send me your letter of explanation to serve as a guide. Thank you in advance. My email is [email protected]

Hello Cheethaj, I would very appreciate it if you can send me also letter of explanation and other helpful docs to serve as a guide. My email is, [email protected]. Thank you

Hi Cheethaj,

Thank you SO MUCH for this post, it has been so helpful. It would mean the world to me if you can send me an email so that I can ask you some questions? I graduate in 2 months and just found out all of the paperwork I needed to gather for this and am feeling so overwhelmed, I'm unsure where to start. Would you please email me if you could? [email protected]. Thank you.

Im in this situation also. I don't know where to start my letter...

Can You send me a sample of your letter... please...

[email protected]

Hello thank you for this info, I hope you are still following this thread! I have just started the process of getting my nursing license in Cali, but I have an MIP from when I was 18 back in 2008. It's a violation on my record and not a misdemeanor or a felony, however still reportable because it has to do with alcohol. Would you mind also emailing me your letter? I am getting some references from staff I work with at my current nursing job but as I wasn't rehabilitated or even made to take diversion, it's hard to provide counselor, AA references because I never utilized these resources. First and only offense. I have been trying to call the Cali board of nursing and I have not gotten feedback from them yet about this. Would appreciate any help I can get. Email is that'[email protected]

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