Got my RN license in CA with 5 felonies and 3 midemeanors

Nurses Criminal

Published

I'll start out by saying that if you are worried about getting your license because of a criminal record and feel like giving up, don't!

Background

When I was 18 years old I was arrested and was charged with 5 felonies and 1 misdemeanor in California:

-(F) Possession/Sales of marijuana

-(F) Transportation of marijuana

-(F) Possession/Sales of an illegal substance (psilocybin)

-(F) Transportation of an illegal substance (psilocybin)

-(F) Furnishing to a minor

-(M) Contributing to the delinquency of a minor

When I bailed out of jail after about a week (my parents made me sit and think about what I did, I'm glad they did) I immediately started out-patient rehab. I was still in high school when this happen so it was a youth program.

I had a good lawyer and it was my first offense so the DA dropped 4 of the five felonies and the misdemeanor. I pled guilty to Transportation of Marijuana and was placed of felony probation. In California, at the time, we had a probation called Proposition 36. It was a state sponsored probation that was 18 months. If you completed the probation after the 18 months you went back to court and they dropped all the charges (including the charge you pled to).

Well I wasn't that smart. I violated probation by shoplifting and was arrested for petty theft (a misdemeanor). My probation was reinstated and I payed a fine and restitution. I still didn't learn because a short time latter I was charged with forging/altering a narcotic prescription (a misdemeanor). I was never arrested because I just turned the prescription in to the pharmacy and never went back to get it.

I need to mention that this whole time I am deep in my addiction. At the time I didn't realize it or maybe I didn't want to accept it but today I know that I am an addict.

That last charge was the toper. I got a letter in the mail for violating probation and was summoned to court. I knew I was in big trouble this time. I gave up. I realized I had a problem that I couldn't fix on my own. I needed help.

I turned myself into the hospital for detox where I spent 5 days withdrawing from opiates. I took a cab from the hospital to a 30 day inpatient treatment facility, where I did really well. I graduated that program before my first court date. When I went to court I admitted everything to the judge and told her that I needed help. I told her that yes I had just finished a 30 day inpatient program but that I needed more help to stay clean. She kept me on probation, instead of sending me to prison, and I went into a 6 month inpatient treatment facility. I graduated that program and have been clean and sober sense. I went back to court graduated Prop 36 probation and my charges were dismissed.

By the way, I had 3 speeding tickets too...

Fast Forward 7 Years

I'm about to graduated nursing school, I'm 26, and I'm scared to death that the last 5 years of school were for nothing.

But sense my last charge I have been clean, I attend 12 step meetings on a regular basis, I lead groups, I volunteer, I was the president of my nursing class, and I have completely changed my life around.

When I started nursing school I got a live scan done on my own to get a copy of my state (DOJ) and federal (FBI) criminal record. EVERYTHING showed up, even the charges they had dismissed, all the felonies and all the misdemeanors. I thought I was screwed but I pressed on because I had the support of all my instructors and the dean who I had pulled aside at or orientation to school and told her everything before school had even started.

I spent 2 years gathering case records and minutes, police reports, getting character references, and working on getting all my convictions dismissed. In my last semester of school I had everything ready. Every court appearance minute stamped and official, every police report, letters from the court saying my convictions had been dismissed, a letter I wrote explaining what happened, a letter from my PCP who has seen me sense I was a boy, a letter from my psychiatrist (with a mental health evaluation), letters from every single one of my instructors and my dean, letters from my counselors from the rehabs I had gone to, letters from other nurses that were family friends, letters from prerequisite instructors, letters from my employer, and from people that went to 12 step meetings with me. I put it all with my application the BRN and sent it off.

The Result

I didn't keep my hopes up. I would have been lucky if I got a restricted license and was put on probation with the BRN.

I sent my application to the BRN in April. I got a letter from them 9 weeks latter that read:

"The Board of Registered Nursing (Board) has completed its review of your conviction history.

The conviction(s) you sustained is/are substantially related to the qualifications, functions or duties of a registered nurse. Business and Professional 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.

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 your practice as a registered nurse may result in disciplinary action against your license."

I was in shock and still didn't believe it. I got my authorization to test one week later, and took the NCLEX three days after that. I just recently got the good news that I passed and am licensed to practice as an RN without any restrictions or probation!

Why?

1) I never lied. If you lie you can count yourself out of the running. You must be transparent from the beginning, and that means with the nursing faculty at your school too. If you let them know from the beginning they are much more willing to help you than if you hide it till your about to turn your application in. Honesty is truly the best policy with the board. No matter how bad your convictions are, don't sugar coat them in your letter, be blunt. This is what I did and this is what I've done to better myself.

2) Time. It had been over 8 years since the first convictions and 7 since the last. All the charges happened within 1 year of each other and I was 18 when they first occurred and 19 when I got clean.

3) Preparation. I spent 2 years gathering all the necessary documents from the court and getting my record cleaned up. To this day if you run a "live scan" background check on me everything on my record shows up. If you run a standard private background from a company or internet site, I'm clean as a whistle. Make sure ALL your fines are paid with the court and with restitution. Get every court document and make sure they are certified from the court. It is not cheap. My local court house charges $25/certification. I had a lot to get done! Get every police report. If they don't have them anymore request a certified letter stating so.

4) Lifestyle changes. It is the responsibility of the applicant to prove rehabilitation and changes to lifestyle/character. How do you do this? Your word isn't good enough, neither is your mom's. You need people they can trust to attest to your transformation. That means Doctors, Psychiatrists, Counselors, Nurses, and Instructors. If you can get a mental health evaluation from a psychiatrist. You can not have too many character references. If you can, bombard the board with letters. I had 15 sent with my application in all. Make sure the letters are signed in ink and dated within the last 12 months. Get your employer to give you a work evaluation. I had mine write a letter and include a work eval.

5) Volunteering. If you harmed society by violating its laws you need to make it write. I volunteer still to this day with 12 step groups, by taking meetings into a local psych ward, and by mentoring high school students who are interested in the healthcare field.

6) I never gave up. Even when I wanted to, I didn't. Even when they said I might not get to sit for the NCLEX, I pushed forward. You have to keep going! Every time I was alone at night and felt down I'd go on the BRN website and read the case files of people that had their applications approved to test after fighting to test for sometimes a year or more. I'd read what charges they had against them or I'd come on here and I'd feel better knowing that I wasn't alone.

There isn't any one charge that can bare you from becoming a nurse. I've seen case files of people that had manslaughter and sex with a minor convictions or DUI's days before graduation and after the proper amount of time and rehabilitation THEY were even allowed to test.

If you have any questions please feel free to respond or send me a private message. I would love to help in anyway I can.

Specializes in Family Practice.

Congrats man. You're gonna be a great nurse.

I'm also a nurse in recovery with a 'sordid' past.

Looking back, life changes pretty quick once I made those first steps.

Thank you SO much for posting this. I have a misdemeanor from 2007 and have been feeling depressed about it the past few years as I felt like I really screwed up my changes at ever being a nurse. I was 19 at the time and have changed substantially since then (haven't we all?). Thank you for all of the great tips. I guess I've got some work to do! Congrats on your success! Wishing you luck in your job hunt as well.

Specializes in Transitional Nursing.

The only thing I'm thinking, is, if they dropped 4 out of the 5 and eventually the 5th also as well as the misdemeanor, you don't actually have any felonies on your record.....

Just trying to clear that up for anyone out there who is thinking about trying to become licensed and has a felony.

Its wonderful that you turned your life around, I commend you. If you HAD been convicted of these offenses you most certainly would NOT have been licensed. Its very lucky for you that you weren't and that you were able to turn it all around for yourself.

I truly believe at 18, one doesn't grasp the severity of the consequences they can face for stuff like this. I wish there was some way to make it more clear that this kind of stuff usually stays with you forever and can ruin your life. So glad that wasn't the case for you.

Are you going to be able to get a job with that record? I'm curious.

Most definitely. In California we have a section of the penal code 1210.1(e)(1) that states:

1210.1 (e) (1) At any time after completion of drug treatment and the terms of probation, the court shall conduct a hearing, and if the court finds that the defendant successfully completed drug treatment,and substantially complied with the conditions of probation,including refraining from the use of drugs after the completion of treatment, the conviction on which the probation was based shall beset aside and the court shall dismiss the indictment, complaint, or information against the defendant. In addition, except as provided in paragraphs (2) and (3), both the arrest and the conviction shall be deemed never to have occurred. The defendant may additionally petition the court for a dismissal of charges at any time after completion of the prescribed course of drug treatment. Except as provided in paragraph (2) or (3), the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.

The subsections (2) and (3) they are referring to state:

(2) Dismissal of an indictment, complaint, or information pursuant to paragraph (1) does not permit a person to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. (3) Except as provided below, after an indictment, complaint, or information is dismissed pursuant to paragraph (1), the defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or convicted for the offense. Except as provided below, a record pertaining to an arrestor conviction resulting in successful completion of a drug treatment program under this section may not, without the defendant's consent,be used in any way that could result in the denial of any employment,benefit, license or certificate.

So, basically I had to inform the BRN because they are the state but as far as hospitals or employment purposes "the arrest and convictions shall be deemed never to have occurred."

...one note:

Lying and having the legal right to omit information (WHICH VARIES GREATLY BY STATE) is not the same thing. If the judge gives you the right...you have the right. The BON does not have any special privileges when it comes to the operation of law.

The OP's experience was his own state's BON, in accordance with this own state's rules, policies, and order of law. You cannot translate that to any other state's experience but your own.

I'm glad this worked out for the OP.

You are absolutely correct. You should always check the laws of the state you live in before you decide to disclose any information. You may not have to disclose anything at all. In my case I was obligated to.

Specializes in Psychiatric Nursing/Case Management.

Congratulations to you; this is what habilitation is all about. Everyone deserves a second chance, I'm proud of you

Well my sibling was murdered by someone that was eventually aquitted (technicality) and that person tried to get charges expunged....went in front of a judge three times....it never happened...no license....thank goodness.....don't want a nut case takin care of me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Specializes in NICU.

My favorite mantra: "Those who have nothing to hide, hide nothing" Dr. Phil

Obviously you have made amends to your transgressions and chose to clean up your life. The Cali. BON agreed. You shouldn't be punished for mistakes of your youth.

Congrats but I can't resist being the Spelling Police.

"since" not sense

"bar" not bare

"right" not write

Also, what is a Live Scan?

Seriously, Dude, congratulations and I wish you the very best in all areas of your life.

Congratulations. I commend your statements on honesty and not lying about your experiences. I am glad you are able to work and move on with your life.

Honestly: initially, it is alarming that people with drug trafficking history can be licensed to pass controlled substances, however, Nursing is all about critical thinking. I applaude the BON for looking at this, and each situation, with a microscope and considering the context & reality of situations while deciding on whether or not to grant licensure. Obviously, you were young/impulsive at the time of your troubles, who turned themselves around and stayed on the right track. The BON is pretty strict, so it sounds like you got a fair shake and straight up earned your right to be Registered Nurse. Kudos!

Awesome! With all that you have been through I think you will make a terrific nurse!

Specializes in Emergency/Cath Lab.
+ Add a Comment