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"

Sorry I forgot to include my email. It is [email protected]

Hi [COLOR=#003366]cheethaj Thank you for the cheers I have news I received all these legal documents today and so I called my D.A. and said what is all this and she said she had already received approval and the stipulated agreement from the board so I have accepted the agreement and will be getting my License (yes it will be probationary but I'm ok with it I've been good for a long time) my stuff was so old I'm sure I wont be the 1st to have to deal with it and I wont be the last. I am beside myself with joy. You will never understand how finding your original post gave me hope and a direction. I have tears in my eyes as I thank you. Your selflessness to share your story helped me so thank you again.

Sincerely and with all my heart

Gizelle

Hello cheethaj,

You're post brought me so much relief. Like everyone else I am also stuck on what to write and was wondering if you can email the file for reference [email protected]

thank you!!

Specializes in Public Health Nursing.
Hi [COLOR=#003366]cheethaj Thank you for the cheers I have news I received all these legal documents today and so I called my D.A. and said what is all this and she said she had already received approval and the stipulated agreement from the board so I have accepted the agreement and will be getting my License (yes it will be probationary but I'm ok with it I've been good for a long time) my stuff was so old I'm sure I wont be the 1st to have to deal with it and I wont be the last. I am beside myself with joy. You will never understand how finding your original post gave me hope and a direction. I have tears in my eyes as I thank you. Your selflessness to share your story helped me so thank you again.

Sincerely and with all my heart

Gizelle

Wow, what a success story! You are going to be such an inspiration for anyone that had to go through the process of appealing the board of nursing and

entering into a stipulated agreement. I love to hear all of these success stories with people who just want to better their lives and so they push forward while at the same time not know what is to come. You should definitely write about it in a post. I think that could really be helpful to a lot of people and thank you for sharing it with me.

Specializes in Public Health Nursing.

Letter sent fuchioichi!

Hello again. I noticed that you posted right after I did (perhaps you didn't see my post?). Don't mean to keep bugging you but I'm really struggling writing my letter of explanation. If you can email it to me at [email protected] that would be great! thank you!!

Specializes in Public Health Nursing.

Letter sent lisa134x.

HI,

I know you must have been a million times about sharing your explanation to use as a guidance towards applying for the brn. I am in the same boat and just started beginning the process of collecting the data to submit the application. I would like to ask for your permission if I can have an example so ill know how to guide my explanation in simple terms. Email is [email protected]. Thanks!

Specializes in Public Health Nursing.
HI,

I know you must have been a million times about sharing your explanation to use as a guidance towards applying for the brn. I am in the same boat and just started beginning the process of collecting the data to submit the application. I would like to ask for your permission if I can have an example so ill know how to guide my explanation in simple terms. Email is [email protected]. Thanks!

Letter sent jfairfield. Let me know if you have any questions.

Hi cheetahj. I was wondering if you could also send me your letter to use as reference. I, too, am in a similar situation. My email is [email protected]. Thank you!

Hello! Thank you for posting your experience. I have a case also that was sealed and I am having trouble on how to write the letter. I am hoping you can send me a sample of the letter that you did so I have a guide on how I should write mine. I will really appreciate it. Thank you!

Hi cheethaj, First of all, bless you for starting this thread/blog. I can't tell you how much your help and advice with this process means. I am a California nursing student and will be graduation this Dec 2014. I am currently gathering all required documentation needed to disclose a DUI I received 7 years ago. I too am struggling with how to write the disclosure letter detailing the circumstances around the arrest. I would really appreciate a sample of what you wrote as a reference. Thank you so much for all your help and support with this process. My email address is; [email protected]

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