The glass ceiling of Nursing School - page 2

by PhoenixTech

7,261 Views | 17 Comments

Hi :D I'm not looking for legal advice, just some opinions. I've been reading this particular subject for a lil over a year now and have spoken to many and done much research concerning the BON judging each case, on a case by... Read More


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    Expunged/sealed records are still subject to BON investigation.
  2. 1
    Quote from sirI
    Expunged/sealed records are still subject to BON investigation.
    Yes, but it would show significant remorse, and would most likely get them into clinicals. However, it is expensive, does take time to get it done, but again it should get them through the standard background checks. I was not aware of the BON having the right to accesses sealed/expunged records, but that does make sense. However, the OP was asking how to get into clinicals, and was not concerned with the BON.
    PhoenixTech likes this.
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    I respectfully disagree. Expunged/sealed records do not imply remorse, just a good attorney.

    Expunged records do not mean, "not guilty". And, clinical entities as well as BONs will ask the question, "have you ever.......?"
    Last edit by sirI on Aug 3, '09
  4. 1
    Quote from PhoenixTech
    What's a possible solution to that instance? Denial of entrance into that particular Nursing School?:

    Try another school -- one that uses clinical facities with lower standards.

    I work for a hospital that was the first in our region to require background checks. Now, many hospitals require one -- but we are among the most demanding in that regard. However, not all local schools come to our hospital. There are schools who don't use us as a clinical facility.

    If you can't get through any schools in your area, look outside your area and consider moving to another area. After all, if your background is such that you won't be able to pass the screening of most of the local clinical facilities, you're not going to have many career opportunities in that town even if you do graduate from school. You're probably going to have to move to get a job anyway ... might as well do it now.

    But if there is only 1 or 2 facilities whose screening you can't pass, you might be able to find a school that doesn't use those facilities.
    PhoenixTech likes this.
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    Quote from siri
    i respectfully disagree. expunged/sealed records do not imply remorse, just a good attorney.

    expunged records do not mean, "not guilty". and, clinical entities as well as bons will ask the question, "have you ever.......?"
    i have to respectfully disagree w/ you siri. because an expungement in effect erases your record, it is like being 'not guilty'.

    what is an expungement?
    a. when a person is arrested, that person gets a criminal record. at a minimum, there is a record of an arrest. if the person is later convicted, then the person has a record of both an arrest and a conviction. these records follow the person over the years. prospective employers can access these records. insurance companies, landlords, and prospective creditors can too. to expunge a criminal record means to go through a court process. upon successful completion of that process, persons doing a background check through new jersey state police or through the fbi will receive a response that there is "no record." additionally, after you expunge your criminal record, you are legally entitled to state that the arrest or conviction never happened.
    q2. is an expungement the same as a pardon?

    a. no. to expunge a criminal record and to get a pardon are two completely separate things. when an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. a pardon (also called “executive clemency”), on the other hand, does not “erase” the event. rather, it constitutes forgiveness. an expungement can be granted only by a judge. a pardon can be granted only by the governor.

    of course since the bon is a healthcare licensing agency, they can access expunged records. however, since the statues and qualifications to obtain one are so distinct, they will accept them and will often advise an applicant to obtain one and reapply. at least in nj.

    jm123 is correct. my concern is clinicals because they don't do an investigation and review of individual cases. it's more of a blanket system with them. at least you can prove to the bon that you are rehabilitated. the goal is to get the education to make it to the board.

    thanks
  6. 2
    legal effect expungement; documentation to submit explaning criminal history


    legal effect of an expungement


    an expungement ordinarily means that an arrest or conviction is "sealed," or erased from a person's criminal record for most purposes. after the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. for example, when filling out an application for a job or apartment, an applicant whose arrest or conviction has been expunged does not need to disclose that arrest or conviction.

    in most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual's criminal record.

    an expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. an expungement will ordinarily be an accessible part of a person's criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. this limited accessibility is sometimes referred to as a criminal record being "under seal." in some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration / deportation proceedings, an expunged conviction that is "under seal" may still be considered as proof of a prior conviction.
    http://criminal.findlaw.com/crimes/e...nt-basics.html

    nursing boards are part of state govenement & have access to criminal history for persons submitting license applications.
    anytime one is applying for professional licensure: lawyer, funeral director, barber, cosmetologist, physician and nurses must check yes on application regarding criminal background history when they have an expundgment as juvenile or adult. submit with you application supporting documentation regarding record as requested on application along with letters of character reference.

    a complete application package will make board review process smoother. it may take additional time to process an application containing a "yes" answer. those that check no are in for a long delay and even possible denial of application for "falseifiction of record." final outcome granting license is up to state board discression and can only be made after application for licensure.
    PhoenixTech and sirI like this.
  7. 0
    of course since the bon is a healthcare licensing agency, they can access expunged records.
    and, that is the point.

    it doesn't matter if the record is expunged/sealed. the bon ultimately has final say so in everything prior to licensure/re-licensure. even if (as stated in my previous post) one gets past the nursing program and the question from the bon is, "have you ever been arrested/convicted of....", one must answer 'yes'. it doesn't matter if a record is expunged or not.

    my concern is clinicals because they don't do an investigation and review of individual cases. it's more of a blanket system with them.
    as stated in another post above, not all programs conduct a background check, true. not all clinical facilities are concerned with this either. one can choose a program that doesn't require this.

    but, ultimately, being licensed will lie with the bon, in all states; on a case-by-case basis.

    nrskarenrn and i are only trying to educate about how this all works.
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    Last edit by NRSKarenRN on Oct 3, '09


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