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- Apr 2, '12 by b4u2thanRe: sealed/expunged records: (Florida statutes)
I think a lot of people are very misinformed about the purpose of a sealed/expunged record. As noted about, I live in Fla and according to our state's statute there are about 6 entities that one must divulge your record to once it is sealed/expunged and the BON does not fall under any of those organizations.
Yes, the BON is a government entity but the only reason that's significant regarding your record is if you are seeking employment with this government institution- NOT a license. I don't know specifically what other states statutes are but if the law enforcement agency divulge your past to any of the agencies who are not on the exception list, they can be sued and fined and charged with a misdemeanor.
Here is the link to Florida's law concerning sealed/expunged records:
If you read this, tell me what category does the board of nursing fall under? I don't see it. If you are applying for government jobs (not licenses), yes they can see beyond what is sealed/expunged but other than that, they will not have access to this data.
I even hear lawyers say, "well, it depends on how some entities ask the question regarding background checks," and I will say to this, if they don't fall under the entities listed in this link (for Florida), I would answer "NO." What would be the purpose of sealing a record if you ignore the purpose of the law- its written to give a fresh start and not rehash the past for that one mistake you make (and got caught for )...
- Apr 2, '12 by b4u2thanFollow up comment regarding sealing/expunging:
I just talked with an administrative lawyer this morning and my question to him was if a record is sealed/expunged, does it have to be reported to the board or can the BON see that record even though they are not on the list of agencies that can. He quoted me something (not from the statute itself) but from the NPA (nurse practice act).
I didn't want to get into it with him but I wonder if he realize that the NPA (written by BON) and the law I provided above (written by the legislatures) is not synonymous nor are they congruent. What do I mean? The legislature will tell you that pleading no contest is the same as not being convicted; however, the NPA will say you are convicted or that they look at pleading no contest the same. So again, these 2 rules of law are not congruent.
There are several scenarios one can fall into: you could have sealed a record before you applied for nursing school (in this instance, one does not have to disclose this info to the BON), the attorney said the NPA says a crime must be reported within 30 days- that might be so if you were a nurse at the time but if it happened before that, then the legislative law says you can not acknowledge your history legally (with exception of those agencies the law listed).
The other scenario is, you can be a nurse, get arrested and yes according to the NPA, it must be reported- I agree with this but that's if you are aware or knowledgeable about self-reporting; I have been doing impromptu surveys with different nurses (one who has been a nurse for over 30 years and a student nurse getting ready to graduate in a month)- both were not aware of the self-report policy. I believe one reason the BON tells you to report arrest within such stringent time frames is because they know some nurses might try to have that record sealed ASAP and you can't get a record sealed in 30 days you know.
There is someone I know, who 13 years after his incident and 11 years after sealing his record, he just found out about self-reporting when he was applying for graduate school- this, as I said, isn't unusual- many nurses just really don't know! Anyway, its sealed now and he's not saying anything so far- though he might. He's actually getting ready to have it expunged at this point. Anyway, just thought I'd give you my thoughts. It is imperative that we warn other nurses (esp new ones) to read the NPA in their state. Learn how vulnerable we in regards to loosing our licenses. Hope I didn't confuse anyone. Thanks
- May 1, '12 by ross1aliHey LuArciga, I am in a similiar situation, the only difference is I am in Texas and your in Georgia. I was just accepted in to a 2 year RN program starting this fall and I was just wondering if you heard from the BON as of yet? I am so stressed out that I will even be fully accepted in program after background check is done, I just did fingerprints last week (dont really understand how that process works whether you are put out of program if it comes back on your record or that they allow you to stay in and you just have to petition for your license after you graduate--someone help!). I, like you, didn't mention it also... I thought since in was 98' and that it wasnt a drug charge it would be okay. Similar charge but mines was theft by check, due to an ex stealing my check book and writing checks all over town that I had to pay through the DA's office but I pleaded no contest to not get him in trouble---dumb and a little to nice now that I am going thru this. Please tell me if you were okay with the board...I realize TExas may be a little different than G.A. but it may give me some hope.
- May 10, '12 by tabbletCame across this while I was researching how to handle a similar situation. According to the BRN of CA, nursing schools do a basic background check, and the BRN does an "EXTENSIVE/detailed & more expensive background check. According to the supervisor I spoke with they have this problem A LOT!!.. Time to implement change I'd say.
- Sep 10, '12 by romieWhat exactly was you charge? Were you charged as an adult? what are the nursing rules in your state? Can you petition for either an expungment, sealing of the record or a pardon by the governor? Depending on your state clemendy may not me out of reach because I know in IL the ever forgiving Gov. grants over %60 of pardon requests.
- Sep 14, '12 by dawnoWell, I thought I would update my progress on here in case anyone stumbles across this and is curious. I live in Texas, by the way. I finally received my proposed declaratory order back a YEAR after I submitted my first round of paperwork. The board sent me an order to sign and send back. I WILL be eligible to sit for the NCLEX but there are stipulations on my license for the first year after receiving my license. #1- I have to take a nursing jurisprudence class. #2- I have to be supervised by an RN working with me - not on my floor or unit - just another RN. #3- I have to have reports sent to the BON every 3 months. #4- I have to work in a clinical setting such as a hospital. No hospice, home health or nursing agencies. #4- I cannot participate in the nursing compact agreement to work in other states under my Texas license without written permission. Honestly, I don't think it's too bad. It's only for 12 months and then all encumbrances are deleted and I will have just a regular license. FYI - I have two felonies and numerous class b misdemeanors. No drug or violent crimes though. I'm just happy they approved me. Hope this helps or gives hope to anyone else in this situation. Oh, all of my crimes are 10 plus years old.
- Oct 1, '12 by nurse2005atlI think it is great that you were able to receive your license, irregardless of the stipulations. My question: were you able to find a job with your felonies? Also, are you not able to have your felonies expunged of pardoned?
Again, Congrats on getting your license!
- Oct 2, '12 by Bigtom2021This country of ours is a sad state of affairs. Everyone messes up, and when you do u receive ur punishment, serve it, but then u have a record hanging over your head for the rest of your life. Not fair, when do u really become free of a mistake...never..
- Nov 5, '12 by ThiqNurseChiqI have a similar story however before I submitted my lpn application to sit for the boards, i was informed by my instructors to check yes even though my offense was a minor. I submitted proof that I completed my arbitration and my nursing instructor wrote a character letter for me. I also wrote a letter explaining what happened and that I was remorseful. and at that point it had only been 7 years since the offense. I was 17 domestic battery as a juvenile. I was hot tempered then and anything would set me off. I have not since commited any offenses and it's been 13 years now but I will still check yes when I apply for my RN license next year and send off the paper work...btw im in Florida.