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

Nurses Criminal

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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.

That's all fine and dandy and while I applaud you for getting y our act together, I find your post to be very misleading. Many nursing schools won't admit students with previous drug offenses and the vast majority of employers would rather pick the new grad with a clean sheet than someone with multiple felonies and misdeamonors on record. I say this as gently as I can. I hope you are able to find a job as well as others in your situation, but honestly, I'm very iffy about former drug abusers going into the field of nursing.

I will say this again... Please read the rest of the comments that I have posted. You will see that I will not have any problems finding a job. In my case, my record is clean. Not to mention the statute of limitations in California for criminal and civil background checks is 7 years. My school, like most, did a background check prior to entering school. It had not been 7 years since my last conviction and I had not yet petitioned for dismissal on 2 of my charges so they showed up. I was still allowed to continue with school. Now, after graduation, it has been more than 7 years AND I have petitioned to have all of my convictions dismissed, and they were.

Look, this is just one case of one individual. Every situation will be different and will have different variables. I posted this to give others in similar situations hope, NOT to mislead. When I was going through the licensing process I wold log onto allnurse.com to read stories of people who were in similar situations and it gave me hope that I could do it too. I hope someone as closed minded as yourself can find it in yourself to trust people who have made bad decisions one day.

Please read the rest of the comments. I will have no problems getting a job and I will have no restrictions because of my past.

I dont mean to be a hater and dont wish any more hardship on you but unless it is expunged from your record, obtaining employment is not the easiest thing to do when you have that past and having to be around narcotics.

I dont mean to be a hater and dont wish any more hardship on you but unless it is expunged from your record, obtaining employment is not the easiest thing to do when you have that past and having to be around narcotics.

It is expunged. Actually, It's more than expunged. As far as the courts are concerned "the arrest and conviction are deemed never to have occurred." I quote the California penal code on that [pc 1210.1(e)(1)]

I say read the rest of the comments because I explained this a few comments back...

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
It is expunged. Actually, It's more than expunged. As far as the courts are concerned "the arrest and conviction are deemed never to have occurred." I quote the California penal code on that [pc 1210.1(e)(1)]

I say read the rest of the comments because I explained this a few comments back...

I am so impressed by your struggles and you perseverance to move forward.

However, right now California has about a 47% unemployment rate for new grads...and while there are laws preventing employers for certain practices it doesn't mean it won't influence them. Just because your criminal charges will be gone you have reported to the board where they will remain forever....your future employer will check.

Hospitals are notorious cheats but they are very good at not getting caught...and have built up a reputation of being unsympathetic an ruthless.

If you are HR and hve 200 applicants for one position....who do you hire....the nurse with no reporting on their license...or one that does....I hope I am wrong...but you might find getting hired a challenge. What the courts consider expunged or expired...doesn't mean your employer will. HR department in hospitals are shrewd and have the morals of alley cats.

statute of limitations in California for criminal and civil background checks is 7 years.
But that does not mean that the hospital will hire you....I so hope I am wrong.

Praemonitus praemunitus or forewarned is forearmed.....

I wish you the best!!!!

It is expunged. Actually, It's more than expunged. As far as the courts are concerned "the arrest and conviction are deemed never to have occurred." I quote the California penal code on that [pc 1210.1(e)(1)]

I say read the rest of the comments because I explained this a few comments back...

I'm not a lawyer so I don't plan on reading a bunch of legal jargon. No need to get butt hurt. Again, I hope I am wrong but I still don't think it's going to be as easy as you think. People with no criminal or drug past can't get jobs.

Specializes in Vents, Telemetry, Home Care, Home infusion.

Thank you for your contributions. Wishing OP best in future endeavors.

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