Just a Question about the BON background checks...

Nurses Criminal

Published

Ok, I'm curious about the BON background checks. The Iowa BON runs an FBI check with fingerprinting and an Iowa Criminal History check through the DCI (Division of Criminal Investigation).

If I have dismissed charges (misdemeanors) in another state, will they show up on the FBI check? I was told that minor or simple misdemeanors are not in the FBI database.

And just in case you're wondering, I did contact the Iowa BON and they were very unhelpful. One woman told me that I don't have to submit info because the charges were dismissed and another woman told me that she wasn't sure.

I also spoke to a lawyer and he told me that they won't show up and that I shouldn't have to tell the BON because they were dismissed. But I've heard stories of lawyers telling people that they don't have to tell the BON about expunged records, the BON finding out, and the student getting in trouble.

Also - I would give the BON copies of the court documents and all that, but they're no where to be found. I went to the courthouse of the county that it happened in and no records were found - we searched by name, by previous addresses, by SS#, and nothing could be found.

Should I just submit a statement stating what the other charges were, that they were dismissed, and what happened? I asked the Iowa BON this, and they couldn't give me an answer.

Any advice welcome! Thanks!

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I believe you only have to admit to any crimes that you were "convicted" of or found guilty of. Anything that will show up on a background check you need to admit to. You can have a background check done yourself and see what comes up. It is better to be honest rather than saying you did not do something, then having it show up on your background check. If that should happen you will have submitted a fraudulent application. My advice would be to get a background check yourself, and see what comes up.

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In the state of GA you have to divulge any arrest whether found guilty or not and turn in the proper court documents. It should be outlined in the Iowa application what constitutes a yes response to the criminal history question. On GA's it specifically states that whether the charges were dismissed, expunged, etc you still have to divulge it. Now you might run into a problem if the court documents are not being found to prove that you were not convicted. I would suggest reading the application carefully on what constitutes a yes or a no then going from there.

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Thanks for the replies! The Iowa application just states "Were you convicted of a crime other than a minor traffic violation?". There's also an instruction sheet that came with the application and it just says that you should check "yes" if you were convicted of any crime other than a minor traffic violation.

I've had MANY background checks since this incident occurred and none of them said I had a record at all. I've contemplated having my own FBI background check done with fingerprinting (they tell you how to apply on their website) but it can take 2-3 weeks and I don't have that time. I have to have my LPN by fall semester or I can't continue in the ADN program. I've also heard that it takes a little longer to process applications with criminal records because they are required to investigate.

So, I had the clerk of court give me a signed official form stating that no record was found and I wrote up the required essay about what my life was like before, during, and after the conviction with the added info on what the conviction was, etc. At least this way, I'm owning up to it and everything, rather than pretending it didn't happen. I don't know what else to do.

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I don't know if this will help or not...but I have something on my record that was 'taken off my record' by the court. It has never shown up on basic background checks; however, when I had to do FBI fingerprinting to do clinical at a certain hospital, it came up as "She has a record, however it is not accessible and it doesn't not affect hiring". My nursing director flipped and made me write a huge letter explaining what happened and it was fine after that.

However, to apply for my RN license/NCLEX in PA, it specifically says NOT to include convictions that were expunged off your record, so I am NOT going to include my incident on it.

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Specializes in Float.

hi

if the red highlights are true, than why are you submitting the blue highlights? :confused:

thanks for the replies! the iowa application just states "were you convicted of a crime other than a minor traffic violation?".

so, i had the clerk of court give me a signed official form stating that no record was found and i wrote up the required essay about what my life was like before, during, and after the conviction with the added info on what the conviction was, etc. at least this way, i'm owning up to it and everything, rather than pretending it didn't happen. i don't know what else to do.

if i have dismissed charges (misdemeanors) in another state, will they show up on the fbi check? i was told that minor or simple misdemeanors are not in the fbi database.

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PhoenixTech -

Because I'd rather be safe than sorry. A friend of mine finished nursing school last year. She was convicted of theft in the 5th in 2004 and she was convicted of trespassing in 2005. Both were expunged from her record - she has the letter proving it and was told by the judge that only certain people would see the charges - law officials and government agents - and that she wouldn't have to disclose the charges on employment applications. When she applied for her NCLEX-PN, she checked NO and everything went fine. Nothing came up on the background checks and she was able to take and pass her NCLEX just fine. However, when she applied to take her NCLEX-RN it was a different story. Both charges showed up and she had to jump through a whole bunch of hoops to be able to take the NCLEX. She didn't get to take the NCLEX until 10 months after graduating from school. She'd even had her instructors do character references for her and nothing. The BON didn't seem to care, all that mattered was that she lied and didn't hold herself accountable for her own actions.

Though I wasn't technically convicted, the charges do show up on my record. All I have to do is go to IowaCourtsOnline and search for my name and DOB and there it is. I would much rather submit the paperwork and show the BON that I hold myself accountable rather than check NO and sweep it under the rug. It did take me awhile to get to this conclusion though, because my first thought was that they wouldn't allow someone with a record to take the NCLEX and become a nurse.

IMO, the nursing schools should perform more in depth background checks or something. It really stinks for those people who go through all the nursing school torture, pass their program, graduate, and don't get to take the NCLEX because of some stupid charge on their record. I don't know about everyone here, but nothing on my record or my friend's record ever showed up on the background checks we had to do for school/clinical. Neither of us has ever had stuff show up when employers would perform a check. I understand why they do it, but it sucks when you've paid so much money and sacrificed your entire life for NS and then you're SOL because you can't take the NCLEX.

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Specializes in Float.

I applaud your willingness to take responsibility for your previous actions and maybe the fact that they weren't convictions is giving you the courage since it's almost a guarantee that they won't matter, however, if the application is only asking for convictions, I don't see the point of disclosing non pertinent information. As far as Nursing schools doing more in depth background checks I humbly disagree. An educational institution in my opinion should education and the fact that because of clinical site clearance, they have such power to turn people away without some sort of hearing process in play is unfair and unjust. The power should be with the licensing agency, not the school. Anyway, I'm sure you've thoroughly considered your choices and made the right one for yourself. Good luck moving forward.

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